Citation : 2025 Latest Caselaw 341 Ori
Judgement Date : 8 May, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.12352 of 2025
Sachidananda Sahoo .... Petitioner
Mr.K.C.Ratha, Advocate
-versus-
The State of Odisha and others .... Opposite Parties
Ms.Babita Kumari Sahu, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
Order No. 08.05.2025
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical Mode).
2. Heard learned counsel for the petitioner and learned counsel for the State. Perused the writ petition and the documents annexed thereto.
3. The petitioner has filed the present writ application with the following prayer:
"The Petitioner, therefore, most humbly prays to issue Notice to the Opposite Parties to furnish suitable Show Cause and in absence of any such suitable Show Cause, this Hon'ble Court further be pleased to issue Writ of Mandamus or any other suitable Writ/Writs directing the Opposite Parties to admit him in the Old Pension Scheme 1992 Rules and readmit him in the GPF Scheme forthwith as it has been allowed to similarly placed Employees.
And the Petitioner may kindly be allowed to get all Service Consequential and Financial benefits.
And for this act of kindness as in duty bound the petitioner shall ever pray."
4. In course of hearing of the writ application, learned counsel for the Petitioner submits that the Petitioner may be granted liberty to file a fresh representation taking therein all the grounds along with all supporting
documents before the Opposite Party No.1, which may be considered within a stipulated period of time in accordance with law.
5. Learned Additional Government Advocate appearing for the State on the other hand contended that he has no objection, if liberty is granted to the Petitioner to file a fresh representation before the Opposite Party No.1 and the same is considered and disposed of in accordance with law.
6. In view of the aforesaid limited nature of grievance of the petitioner, this Court deems it proper to dispose of the Writ Petition granting liberty to the Petitioner to file a fresh representation taking therein all the grounds along with all supporting documents before the Opposite Party No.1, within a period of two weeks. If such a representation is filed within the time stipulated, the same shall be considered and disposed of by the said Opposite Party No.1 in accordance with law taking into consideration the judgment passed by this Court covered under the Old Pension Rules of the year 1992 in the case of Ranjan Kumar Sahu and others v. State of Odisha and others reported in 2022 (II) OLR-99 as well as in the case of Anand Dash v. State of Odisha and others reported in 2014 (Supp.-I) OLR-754, within a period of six weeks from the date of filing the representation along with a copy of this order by passing a speaking and reasoned order. Final decision so taken be communicated to the Petitioner within 10 days from the date of taking such decision.
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) Signed by: BICHITRANANDA SAHOO Designation: Secretary Reason: Authentication JUDGE Bichi Location: Orissa High Court Date: 09-May-2025 14:30:14
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