Orissa High Court
Ashok Kumar Mohapatra vs ) State Of Odisha ..... Opposite Parties on 20 February, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.359 of 2025
Ashok Kumar Mohapatra ..... Petitioner
Represented By Adv. -
Kulada Nanda Das
-versus-
1) State Of Odisha ..... Opposite Parties
2) Director Of Health Services, Represented By Adv. -
Odisha Mr.M.R.Patra, ASC
3) The Cdm And Ph Officer, Khurda
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
20.02.2025
Order No.
02. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as
learned Additional Standing 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, therefore, prayed that the Hon'ble Court
may graciously be pleased to submit the Writ Petition
and issue Rule NISI calling upon the Opp.Parties to
show cause as to why full/final pension and gratuity in
favour of the Petitioner shall not be sanctioned and
paid in terms of the aforesaid dictums of the Apex
Court and High Court and if the Opp.Parties fails to
show cause or show insufficient cause, the said Rule
be made absolute by issuing writ of mandamus or
any other Writ/Writs.
And may pass any other Writ(s), Direction(s),
Order(s) as this Hon'ble Court may deem fit and
proper;"
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
CDM&PHO, Khurda, Opposite Party No.3 under Annexure-7. 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.3 to consider the
representation of the Petitioner under Annexure-7 within a
stipulated period of time.
5. Learned Additional Standing Counsel submits that he
has no objection if the representation of the Petitioner is
considered by the Opposite Party No.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 No.3 to
consider the representation of the Petitioner under Annexure-7
within a period of eight weeks from the date of production of
certified copy of this order. The Opposite Party No.3 shall do
well to dispose of the representation of the Petitioner under
Annexure-7 taking into consideration Judgment of this Court
dated 08.11.2024 in W.P.(C) No.30151 of 2020 (Bijaya
Krishna Panigrahi v. State of Odisha & Ors.) by passing a
speaking and reasoned order. The final decision so taken by
the Opposite Party No.3 be also communicated to the
Petitioner within two weeks thereafter.
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
Location: High Court of Orissa
