Orissa High Court
Ahalya Dakua vs ) Principal Secretary on 24 April, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.10797 of 2025
Ahalya Dakua ..... Petitioner
Represented By Adv. -
Sandhyarani Pani
-versus-
1) Principal Secretary, Housing ..... Opposite Parties
And Urban Development Deptt.
2) Secy., Berhampur Development Represented By Adv. -
Authority, Ganajm Mr.D.N.Lenka, AGA
3) Regional Provident Fund
Commissioner, Epfo, Ganjam
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
24.04.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as
learned Additional Government Advocate for the State-
Opposite Parties. Perused the Writ Petition as well as the
documents annexed thereto.
3. The Petitioner has filed the present writ application with
the following prayer:
"It is therefore prayed that this Hon'ble Court may
be pleased to issue Writ/Writs, Order/Orders,
direction/declaration under Article 226 of the
Constitution of India and more particularly to issue :-
1. Writ of Mandamus to the Opposite Parties to pay
interest @ 18% per annum from the date due i.e.
17.06.2014 till payment i.e., 02.08.2023 and
10.04.2024 for delayed payment Rs.477134
towards unutilised leave salary, Gratuity & EPF
amount Rs.72248 and arrear of widow/family
pension of Rs.240856/-.
2. And pass such other Order/Orders as this Hon'ble
Court may deem fit and proper in the facts and
circumstances of the case in view of the orders
passed in identical cases under Annexure.
4. In course of hearing of the Writ Petition, learned counsel
for the Petitioner submits that the Petitioner ventilating her
grievance has submitted representation dated 17.02.2025
under Annexure-15 before the Secretary, Berhampur
Development Authority and Regional Provident Fund
Commissioner, Employees' Provident Fund Organisation,
Opposite Party Nos. 2 & 3. 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 Nos.2 & 3 to consider the representation of the Petitioner
under Annexure-15 within a stipulated period of time.
5. Learned Additional Government Advocate for the State
submits that he has no objection if the representation of the
Petitioner is considered by the Opposite Party Nos.2 & 3,
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 Petition is disposed of at the stage of
admission with a direction to the Opposite Party Nos.2 & 3 to
consider the representation of the Petitioner under Annexure-
15 within a period of eight weeks from the date of
communication of certified copy of this order. The Opposite
Party Nos.2 & 3 shall do well to dispose of the representation
of the Petitioner under Annexure-15 by passing a speaking
and reasoned order. The final decision so taken be also
communicated to the Petitioner within 10 days thereafter. It is
open to the Petitioner to file any other judgment in support of
his contention along with the copy of this order. In such
eventuality, the Opposite Party Nos. 2 & 3 shall consider such
judgment while considering the representation of the
Petitioner.
7. With the aforesaid observation, the writ application
stands disposed of.
8. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
RKS
Designation: AR-CUM-Senior Secretary
Location: High Court of Orissa
Date: 25-Apr-2025 16:32:25
