Orissa High Court
Hadibandhu Satpathy vs ) State Of Orissa ..... Opposite Parties on 28 January, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.2618 of 2025
Hadibandhu Satpathy ..... Petitioner
Represented By Adv. -
Banamali Sahoo
-versus-
1) State Of Orissa ..... Opposite Parties
2) Director,housing And Ex Officio Represented By Adv. -
Addl. Secy. To Govt. H And U.d. Mr. M.R. Patra, A.S.C.
Deptt.bbsr
3) Managing Director,odisha State
Housing Board,bbsr
4) Odisha State Housing Board ,bbsr
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
Order No. 28.01.2025
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
Addl. Standing Counsel appearing for the State. Perused the Writ
petition as well as the documents annexed thereto.
3. Learned counsel for the petitioner, at the outset submitted that
being aggrieved by the conduct and inaction of the Opposite Party
Nos.3 and 4 to release his leave salary as due and admissible to him
by counting his entire period of service including the service period
as DLR and Work charge since 05.11.90 as junior assistant and
continued as such till his retirement i.e. 31.01.2022 and observe him
in regular establishment, the petitioner has approached this Court by
filing the present writ application. He further contended that earlier
the petitioner had approached this Court with a prayer to grant of his
gratuity and pursuant to the order passed by this Court to consider the
grievance of the petitioner, the petitioner has received his gratuity
dues. But so far his leave salary and regularisation is concerned, the
same has not been considered by the Opposite party Nos.3 and 4. He
further contended that although the grievance petition has been filed,
the petitioner in the event be given liberty to file a better
representation indicating the facts in detail.
4. Learned counsel for the State on the other hand submitted that
he will have no objection in the event this Court directs the petitioner
to approach the Opposite party Nos.3 and 4 to file a representation,
with a further direction to the Opposite Party Nos.3 and 4 to consider
the same strictly in accordance with law and within a stipulated
period of time.
5. Having heard the learned counsels appearing for the respective
parties, on a careful examination of the materials on record, further
keeping in view the law laid down in Laxmi kanta Patro vs. Sate of
Odisha and others in W.P.(C) No.4162 of 2024 and the order passed
by Division Bench in W.P.(C) No. 27950 of 2019 on 03.02.202, this
Court deems it proper to dispose of the writ application at the stage
of admission by granting liberty to the petitioner to approach the
Opposite Party Nos.3 and 4 by filing a fresh and detailed
representation taking all the grounds along with all supporting
documents and the copies of judgment referred to hereinabove within
a period of two weeks from today. In such eventuality, the Opposite
Party Nos.3 and 4 shall do well to consider the representation of the
petitioner in terms of the judgment as well as in accordance with law
and dispose of the same and by passing speaking and reasoned order
within a period of eight weeks from the date of receipt of the
representation. The final decision so taken be communicated to the
petitioner within a period of two weeks thereafter.
6. With the aforesaid observation/direction, the writ application
stands disposed of.
7. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Rubi
Location: High Court of Orissa, Cuttack
