Parameswar Sahoo vs State Of Odisha And
2024 Latest Caselaw 479 Ori

Orissa High Court

Parameswar Sahoo vs State Of Odisha And on 9 January, 2024

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No.42495 of 2023

        Parameswar Sahoo                    ....                    Petitioner
                                                    Mr. L. Mohanty, Advocate


                                         -versus-
        State of Odisha and
        Others                              ....                Opposite Parties
                                                         Mr. B.P. Tripathy, AGA

                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                           ORDER

09.01.2024 Order No.

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

2. Heard learned counsel for the parties.

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

<The petitioner therefore prays that your lordships may graciously be pleased to:-

i) A direction shall not be issued to release the salary of the petitioner for the period of suspension from 19.07.2006 to 18.04.2007 by treating as <duty= as decided by Learned O.A.T., Cuttack in O.A. No.2662(c) of 2013 dated 2.1.2015 under Annexure-4 and release all arrear after fixation of pay by releasing annual increments from 2011 till superannuation along with revised arrears under ORSP Rules, 2007.

ii) And after hearing the parties be pleased to direct the Opp. Parties to release salary for the period of suspension as mentioned above by treating as duty and thereafter refix the pay of the petitioner by // 2 //

releasing annual increment from 2011 and thereafter revised his pay as per ORSP Rules 2011 w.e.f. 1.1.2016 and release arrears in his favour till date of his superannuation dated 31.05.2020.

iii) The Opp. Parties be directed to release final pension and pensionary benefits in favour of the petitioner along with 9% interest thereon from the date of entitlement till actual payment is released as per the judgment of Hon'ble Apex Court of India rendered in between D.D. Tiwari Vrs. Utter Bijil Bitaran Nigam reported in AIR 2014 SC 2821.=

5. Learned counsel for the Petitioner submits that through highlighting his grievances, the petitioner has filed a representation vide Annexure-6 to the Writ Petition, but till date nothing has been done in the matter. In such background, he prays that a direction be issued to opposite party No.3 to take a decision on the above noted petition within a specific time period.

6. Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs opposite party No.3 to take a decision on the above noted petition in accordance with law, within a period of three months from the date of production of certified copy of this order and communicate the result of such exercise to the petitioner.

7. The Writ Petition is disposed of accordingly.

(Biraja Prasanna Satapathy) Judge

Basudev

Reason: Authentication of order Location: High Court of Orissa, Cuttack Date: 10-Jan-2024 19:34:31