Orissa High Court
Duma Sabar vs ) State Of Odisha ..... Opposite Parties on 12 March, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.29692 of 2024
Duma Sabar ..... Petitioner
Represented By Adv. -
Gopinath Panda
-versus-
1) State Of Odisha ..... Opposite Parties
2) Principal Chief Conservator Of Represented By Adv. -
Forest (wild Life) And Chief Wild Ms.Siva Mohanty,ASC
Life Warden, Odisha
3) Dy. Director, Nandankanan
Zoological Park
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
12.03.2025
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 the
learned Additional Standing Counsel for the State. Perused the
Writ Petition as well as the documents annexed thereto.
3. The Petitioner has filed the present Writ Petition with the
following prayer:
"Under the above stated facts and
circumstances, it is therefore humbly prayed that this
Hon'ble Court would be graciously pleased to :
i) Direct the Opp.Party No.3 to forthwith consider
for payment of retirement gratuity for the service
rendered on temporary and as well as regular basis
under the principle of Payment of Gratuity Act, 1972 in
view of order of Hon'ble Apex Court in the case of
Netram Sahu v. State of Chhatrisgarh and in
accordance with the order of the Govt. dated
14.12.2017 under Annexure-2 along with interest as
has been extended to Sakha Bhoi and other similar
situated employees in same manner being on one
homogenous class.
ii) And pass such other order(s)/direction(s) as this
Hon'ble Court may deem fit and proper for the ends of
justice."
4. It is stated by the learned counsel for the Petitioner that
being aggrieved by the conduct of the Opposite Parties in not
sanctioning the gratuity as is due and admissible to the Petitioner
in view of the judgment of the Hon'ble Supreme Court in Netram
Sahu vs. State of Chhatisgarh along with the interest thereon,
the Petitioner has approached this Court by filing the present Writ
Petition.
5. Learned Additional Standing Counsel on the other hand
contended that the Opposite Parties have not received the
representation under Annexure-4 to the Writ Petition. She further
contended that in the event this Court directs the Opposite
Parties to consider the case of the Petitioner for payment of
gratuity as is admissible to the Petitioner in accordance with law
and in terms of the aforesaid judgment, she has no objection to
the same.
6. Considering the submissions of the learned counsels for
the respective parties, on a careful examination of the materials
on record and keeping in view the limited nature of grievance
involved in the Writ Petition, this Court deems it proper to dispose
of the Writ Petition at the stage of admission by granting liberty to
the Petitioner to file a fresh representation taking therein all the
grounds along with relevant documents before the Opposite
Party No.3 within a period of two weeks. In such eventuality, the
Opposite Party No.3 shall do well to consider and dispose of the
representation of the Petitioner within a period of six weeks from
the date of communication of certified copy of this order. It is
further made clear that in the event there is any delay in paying
the gratuity dues as is due and admissible to the Petitioner, the
Opposite Parties shall be liable to pay interest as provided under
the Payment of Gratuity Act and relevant Rules.
7. With the aforesaid observation/direction the Writ Petition
stands disposed of.
8. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
RKS
Location: High Court of Orissa
