Orissa High Court
Bishnupada Raul vs State Of Odisha And Others .... Opposite ... on 8 May, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.12607 of 2025
Bishnupada Raul .... Petitioner
Mr.D.P.Dash, Advocate
-versus-
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:
"Under the above noted fact and circumstances, it is most
respectfully prayed that this Hon'ble Court may be kindly be
pleased to issue appropriate writ/s, in the nature of mandamus
or in any other appropriate form/s, directing the O.Ps and their
authorities to release/ disburse the retiral financial benefits to
the petitioner towards the unutilized leave periods of salaries
vide earned leave account dtd.15.3.2024 prepared by the Joint
controller of Legal Metrology, Jaipur/ Opp. party No.3 under
ANNEXURE 4, within the time stipulation as may be deemed
just and reasonable by this Hon'ble Court.
Further, may kindly be pleased to issue any order/s,
direction/s, as may deem just and proper for the ends of justice.
And, for such act of kindness the petitioner as in duty bound
shall ever pray."
4. It is stated by learned counsel for the petitioner that although the
petitioner has approached the opposite party No.2-Controller Legal
Metrology, Khandagiri, Bhubaneswar by filing a representation dated
10.03.2025 under Annexure-5 for redressal of his grievance, however, no
decision has been taken thereon by the opposite party No.2. Learned
counsel for the petitioner, in course of submission, has submitted that the
case of the petitioner is covered by the ratio laid down by this Court in the
case of Chitaranjan Senapati v. State of Odisha and another vide
judgment dated 06.03.2025 in W.P. (C) No.20208 of 2024. He further
contended that the case of the petitioner is also covered by the order dated
28.02.2017 passed by a Division Bench of this Court in W.P. (C) No.3442
of 2016 : State of Odisha and others v. Nirmal Chandra Satapathy and
another.
5. Learned counsel for the State, on the other hand, contended that
since the petitioner has already approached the opposite party No.2, he has
no objection if the Court directs the opposite party No.2 to consider the
representation of the petitioner in accordance with law, if the same is
pending.
6. Having heard learned counsel for the parties and after going through
the background facts as well as the dispute involved in the present writ
petition, this Court grants liberty to the petitioner to file a fresh
representation taking all the grounds therein as well as the judgment relied
upon by the petitioner in support of his claim before the opposite party
No.2 as above, within a period of two weeks from today. In such event,
the opposite party No.2 shall consider the representation of the petitioner
taking into consideration the law laid down in the aforesaid cases and
dispose of the representation by passing a reasoned order within two
weeks thereafter and communicate the decision thereof. It is further
directed that the opposite party No.2 shall take a decision on the
representation of the petitioner without being influenced by the earlier
order dated 16.05.2024 under Annexure-1 to the writ petition.
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)
JUDGE
Bichi
Signed by: BICHITRANANDA SAHOO
