Orissa High Court
Location: Orissa High Court vs State Of Odisha And Another ..... ... on 6 May, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
Signature Not Verified
Digitally Signed IN THE HIGH COURT OF ORISSA AT CUTTACK
Signed by: DEBASIS AECH
Reason: Authentication WP(C) No.22524 of 2024
Location: ORISSA HIGH COURT
Date: 09-May-2025 12:59:08 Manjulata Prusty ..... Petitioner
Represented By Adv. -
Ms. Sudhashree Pasayat
-versus-
State of Odisha and another ..... Opposite Parties
Represented By Adv. -
Mr. J.K. Bal, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
06.05.2025
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
counsel for the State-Opposite Parties. Perused the writ petition as
well as the documents annexed thereto.
3. The present writ petition has been filed by the Petitioner
with the following prayers:-
"It is, therefore, most humbly prayed that this
Hon'ble Court be graciously pleased to admit writ
petition and issue a Rule Nisi calling upon the Opp.
Parties to show cause as to;
I) Why direction shall not be given to the Opp.
Party No.2 (i.e. Chief Executive Officer,
Mayurbhanj Central Co-operative Bank, Ltd,
Baripada) for releasing of the interest of delayed
period of payment of gratuity as per under Section
7(3A) of the P.G. Act and so also delayed period of
interest of leave salary which was withheld by the
II) Why direction shall not be issued to the Opp.
Reason: Authentication Party No.2, to calculate the interest of delayed
Location: ORISSA HIGH COURT
Date: 09-May-2025 12:59:08 payment of gratuity amount from the date of
admissible to the date of payment was made.
If the Opp. Parties fail to show any cause or
show any insufficient cause, the aforesaid Rule be
made absolute by issuing an appropriate writ/writ,
And pass any other order/orders as would be
deemed fit and proper in the facts and
circumstances of the present case."
4. It is submitted by learned counsel for the Petitioner that
earlier the Petitioner approached this Court by filing W.P.(C)
No.10025 of 2024 with a prayer for release of unutilized leave
salary and gratuity which was withheld by Opposite Party No.2.
This Court vide order dated 25.04.2024 disposed of the earlier writ
petition by granting liberty to the Petitioner to approach the
Opposite Party No.2 by fling a representation with a consequential
direction to the Opposite Party No.2 to consider the same strictly
in accordance with law and to take steps for sanction and disposal
of the dues of the Petitioner within six weeks. Learned counsel for
the Petitioner, at this juncture, contended that pursuant to the order
dated 25.04.2024 passed by this Court in the earlier writ petition
although the Opposite Party No.2 has paid the cash equivalent of
unutilized leave salary and the gratuity dues, however no interest
has been paid for the delayed payment of such dues. In the
aforesaid context, learned counsel for the Petitioner drawing
attention of this Court to the provision contained in Section 7(3A)
of the Payment of Gratuity Act, submitted that the Petitioner is
entitled to be paid for the delayed payment. She also referred to
the judgment of the Hon'ble Supreme Court in the case D.D.
Tiwari(D) through Lrs. -v.- Uttar Haryana Bijli Bitaran Nigam,
Location: ORISSA HIGH COURT
Date: 09-May-2025 12:59:08 reported in (2014) 8 SCC 894.
5. Learned counsel for the State, on the other hand, contended
that although he has no specific instruction in the matter, however
on a close scrutiny of the writ petition, it appears that the
grievance of the Petitioner is with regard to payment of interest.
He further submitted that the Petitioner has not approached the
Opposite Parties for grant of such interest. In such view of the
matter, learned counsel for the State contended that in the event
this Court directs the Petitioner to approach the Opposite Parties
for redressal of his grievance in accordance with the rules and
within a stipulated period of time, he will have no objection to the
same.
6. Considering the submissions made by the learned counsels
appearing for the respective parties and on a careful examination
of the background facts, further keeping in view the settled legal
position, this Court deems it proper to dispose of the writ petition
by granting liberty to the Petitioner to approach the Opposite Party
No.2 by filing a detailed representation taking therein all the
grounds within two weeks from today. In such eventuality, the
Opposite Party No.2 shall do well to consider such prayer of the
Petitioner keeping in view the provision contained in Payment of
Gratuity Act as well as the judgment of the Hon'ble Supreme
Court in D.D. Tiwari(D) through Lrs.'s case (supra) and dispose
of the representation of the Petitioner within a period of two
months from the date of communication of a certified copy of this
Signed by: DEBASIS AECH order. The final decision so taken be communicated to the
Reason: Authentication
Location: ORISSA HIGH COURT
Date: 09-May-2025 12:59:08 Petitioner within ten days thereafter. In the event it is found that
the Petitioner is entitled to interest for the delayed payment, in
such eventuality, the Opposite Party No.2 shall take necessary
steps for repayment of such interest amount in accordance with
law.
7. With the aforesaid observation and direction, the writ
petition stands disposed of.
( A.K. Mohapatra )
Judge
Debasis
