Orissa High Court
Somanath Sahoo vs State Of Odisha And Others ..... ... on 3 April, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.9208 of 2025
Somanath Sahoo ..... Petitioner
Represented By Adv. -
Prasanta Kumar Mishra
-versus-
State Of Odisha and others ..... Opposite Parties
Smt. S. Nayak, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
03.04.2025
Order No.
01. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner as well as learned
counsel for the State-Opposite Parties. Perused the writ application as
well as the documents annexed thereto.
3. The Petitioner has filed the present writ application with the
following prayer:
"It is prayed, therefore that this Hon'ble Court
may graciously be pleased to;
i) Admit and allow the writ petition.
ii) This Hon'ble Court may graciously be
pleased to direct the O.P.No.1 to sanction and
disburse un-utilized leave salary in favour of
the petitioner in terms of Annexure-2 proposal
of O.P. No.3 and settle position of law
decided in identical case i.e. W.P.(C) No.
20808 of 2024 under Annexure-5 within a
stipulated period of time.
iii) And further be pleased to pass such other
order (s), direction (s) as deem fit and proper
to the facts and circumstances of the case to
give complete relief to the petitioner;"
4. In course of hearing of the writ application, learned counsel for
the Petitioner submits that the Petitioner ventilating his grievance has
submitted representation before the Opposite Party No.1 under
Annexure-3 series. It is also submitted by the learned counsel for the
Petitioner that the said representation is pending as of now. It is also
submitted by the learned counsel for the Petitioner that a direction be
issued to the Opposite Party No.1 to consider the representation of
the Petitioner under Annexure-3 series within a stipulated period of
time.
5. Learned counsel for the State submits that he has no objection
if the representation of the Petitioner is considered by the Opposite
Party No.1, which is stated to be pending, in accordance with law
within a stipulated period of time.
6. Considering the limited nature of grievance of the Petitioner,
the writ application is disposed of at the stage of admission with a
direction to the Opposite Party No.1 to consider the representation of
the Petitioner under Annexure-3 series, taking into consideration the
judgment by the Hon'ble Division Bench of this Court in State of
Odisha v. Nirmal Ch. Satapathy (W.P.(C) No.3442 of 2016) as well
as by this Court in Chittaranjan Senapati v. State of Odisha and
Others (W.P.(C) No.20808 of 2024) within a period of eight weeks
from the date of production of certified copy of this order. The
Opposite Party No.1 shall do well to dispose of the representation of
the Petitioner under Annexure-3 series by passing a speaking and
reasoned order. The decision so taken by the Opposite Party No.1 be
also communicated to the Petitioner within two weeks thereafter.
7. With the aforesaid observations/directions, the writ application
stands disposed of.
Issue urgent certified copy of this order as per Rules.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Signed by: SANTANU KUMAR ROUT Page 3 of 3.
Location: High Court of Orissa, Cuttack
Date: 04-Apr-2025 16:21:30
