Shyam Sundar Sahoo vs State Of Odisha & Ors. ..... Opposite ...
2024 Latest Caselaw 16077 Ori

Orissa High Court

Shyam Sundar Sahoo vs State Of Odisha & Ors. ..... Opposite ... on 30 October, 2024

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

     IN THE HIGH COURT OF ORISSA AT CUTTACK
                 WP(C) No. 26513 of 2024
Shyam Sundar Sahoo           .....       Petitioner
                                                        Mr. T.K. Nayak, Advocate
                                  -versus-
State of Odisha & Ors.               .....                Opposite Parties
                                                      Mr. M.K. Balabantaray, AGA
                    CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
                     ORDER

30.10.2024

1. This matter is taken up through hybrid mode.

2. Heard learned counsel for the Petitioner and learned counsel appearing for the Opp. Parties.

3. Petitioner has filed the present writ petition inter alia with the following prayer:-

"Under the above circumstance, it is therefore humbly prayed that this Hon'ble Court may be graciously pleased to issue a writ in the nature of writ of mandamus or any other appropriate writ, direction or order by directing the opposite parties to sanction the notional increment to the petitioner in fall due after one day of his retirement i.e. 01.03.2020 and accordingly his pension may be revised in view of Judgment rendered in Civil Appeal No.2471 of 2023 - The Director (Admn and HR) KPTCL & Ors. versus C.P. Mundinamani & Ors passed by Hon'ble Supreme Court of India; within a stipulated period.

And/or pass such other order or direction as deems fit and proper in the interest of justice;

And for this act of kindness, as in duty bound, the petitioner shall ever pray."

4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a fresh representation before Opp. Party No. 3 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of three (3) weeks hence.

5. It is observed that if such representation is filed within the aforesaid time period, Opp. Party No. 3 shall do well to take a lawful decision on the same within a period of three (3) months from the date of receipt of such representation. The order so passed by Opp. Party No. 3 be communicated to the Petitioner.

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

(BIRAJA PRASANNA SATAPATHY) Judge Sneha

Location: High Court of Orissa, Cuttack