Orissa High Court
Baikunthanath Rout vs State Of Odisha And Another ..... ... on 18 March, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.31157 of 2024
Baikunthanath Rout ..... Petitioner
Represented By Adv. -
Tushar Kanta Nayak
-versus-
State Of Odisha and another ..... Opposite Parties
Represented By Adv. -
Bigyan Kumar Sharma,
S. K. Singh, I. Tripathy,
R. Sahoo, Mr. Samaresh
Jena, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
18.03.2025
Order No.
03. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner as well as Mr. B.K.
Sharma, learned senior counsel for the Opposite Party-Corporation.
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 this Hon'ble Court
may graciously be pleased to admit this writ
application, issue Notice to the Opposite parties,
and after hearing the concerned parties, issue a
writ in the nature of mandamus or any other
appropriate writ / writs directing to the
Opp.Parties, more particularly the Opp.Party
No.2-Managing Director Odisha Lift Irrigation
Corporation Ltd, Bhubaneswar to release the
retiral benefits such as death-cum-retirement
gratuity, annual increments and leave
encashment taking into judgment dtd.08.11.2024
passed in W.P.(C) No.30151 of 2020 and also
sanction the interest due to delay on payment of
retiral dues to the Petitioner within a stipulated
period.
And/or this Hon'ble Court may pass any other
appropriate order as it deems fit and proper;"
4. Considering the prayer of the Petitioner involved in the present
writ petition, this Court deems it proper to dispose of the writ
application by granting liberty to the Petitioner to first approach the
Opposite Party-2 who is the competent authority to take a decision in
the matter. Accordingly, the Petitioner is directed to approach the
Opposite Party No.2 by filing a fresh and detailed representation
taking therein all the grounds with all supporting documents within
two weeks from today. In such eventuality, the Opposite Party No.2
shall do well to consider and dispose of the representation of the
Petitioner strictly in accordance with law and the rules applicable
within a period of six weeks from the date of communication of such
representation along with a certified copy of today's order. The
Opposite Party No.2 shall do well to dispose of the representation of
the Petitioner by passing a speaking and reasoned order. The final
decision so taken be communicated to the Petitioner within ten days
thereafter. It is open to the Petitioner to rely upon any judgment in
support of his contention, in such eventuality, the Opposite Party
No.2 shall consider the same while disposing of the representation of
the Petitioner.
5. 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
Reason: Authentication Page 3 of 3.
Location: High Court of Orissa, Cuttack
Date: 20-Mar-2025 10:07:05
