Kailash Chandra Muduli vs State Of Odisha And
2024 Latest Caselaw 436 Ori

Orissa High Court

Kailash Chandra Muduli vs State Of Odisha And on 8 January, 2024

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

          IN THE HIGH COURT OF ORISSA AT CUTTACK


                        W.P.(C) No.43037 of 2023


        Kailash Chandra Muduli              ....                    Petitioner
                                                    Mr. L. Mohanty, Advocate

                                         -versus-
        State of Odisha and
        Others                              ....                Opposite Parties
                                                         Mr. B.P. Tripathy, AGA
                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY
                                           ORDER

08.01.2024 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel for the Petitioner and learned State Counsel for the Opposite Parties.

3. The Petitioner has filed the present Writ Petition with the following prayer: -

<It is therefore, prayed that this Hon'ble Court may graciously be pleased to issue notice to the Opp. Parties calling upon them to file show cause as to why:-

i) A direction shall not be issued to grant 9% interest on the pensionary benefits from the date of entitlement till payment is released as per the judgment of Hon'ble Apex Court of India in between D.D. Tiwari (D) L.R. Vrs. Uttar Pradesh Bijili Nigam, reported in 2015 (1) OLR (S.C.)81

ii) After hearing the opp. parties be pleased to direct the opp. parties to grant 9% interest on the pensionary // 2 //

benefits for the period from 01.04.2022 to 15.09.2023 taking into consideration the judgments of Hon'ble Apex Court of India as mentioned above.=

4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a detailed representation before Opp. Party No.2 by enclosing all the relevant documents and citations in support of his claim, if any, within a period three weeks hence.

5. It is observed that if such a representation is filed within the aforesaid period, Opp. Party No.2 shall do well to take a lawful decision on the same, within a period of three months from the date of receipt of such representation. The order so passed by the Opp. Party No.2 be communicated to the petitioner.

6. With the aforesaid observation and direction, the Writ Petition is disposed of.

(Biraja Prasanna Satapathy) Judge

Basudev

Location: High Court of Orissa, Cuttack Date: 09-Jan-2024 18:05:48