Orissa High Court
Sudhakar Mallik vs ) State Of Odisha ..... Opposite Parties on 13 May, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.13380 of 2025
Sudhakar Mallik ..... Petitioner
Represented By Adv. -
Jaydeep Pal
-versus-
1) State Of Odisha ..... Opposite Parties
2) Principal Chief Conservator Of Represented By Adv. -
Forest,bbsr Mr.Chiranjaya
3) Secy., Public Service Mohanty, ASC
Commission,ctc
4) Principal Secy. To The Honble
Governor Of Odisha,bbsr
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
13.05.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner.
3. Issue notice to the Opposite Parties. Since Mr.Mohanty,
learned Additional Standing Counsel accepts notice on behalf of
Opposite Party Nos. 1 & 2, soft copy of the Writ Petition, which
has already been uploaded in LMS website, no hard copy is
required to be served on Mr.Mohanty. Soft copy of the Writ
Petition, which has been uploaded in the LMS Website be utilised
for the purpose of issuance of notice.
4. Notice be issued to Opposite Party Nos.3 & 4 by
registered post with A.D. fixing a short returnable date.
Requisites for issue of notice be filed within three working days.
5. Counter Affidavit be filed within six weeks after serving
copy thereof on the learned counsel for the Petitioner. Rejoinder
be filed within two weeks thereafter.
6. List this matter in the week commencing from 4th August,
2025.
I.A.NO.7960 OF 2025
7. The present Interlocutory Application has been filed by the
Petitioner with a prayer for a direction to Opposite Party no.1 to
release the un-utilise leave salary in favour of the Petitioner at an
early date.
8. Learned counsel for the Petitioner at the outset contended
that the issue involved in the Interlocutory Application is squarely
covered by the judgment of this Court in the case of Sri
Chittaranjan Senapati v. State of Odisha and another decided
in W.P.(C) No.20808 of 2024 vide judgment dated 6th March,
2025. In such view of the matter, the Interlocutory Application is
being disposed of by granting liberty to the Petitioner to approach
Opposite Party Nos.1 and 2 by filing a representation along with
copy of the judgment in Chittaranjan Senapati v. State of
Odisha and another within two weeks from today. In such
eventuality, the Opposite Party Nos. 1 & 2 shall do well to
consider the case of the Petitioner in the light of the ratio decided
in the case of Chittaranjan Senapati v. State of Odisha and
another (supra) and dispose of the representation within six
weeks from the date of communication of this order. The final
decision so taken be communicated to the Petitioner within a
week thereafter. In the event it is found by Opposite Party Nos. 1
& 2 that the case of the Petitioner is covered by the ratio decided
in Chittaranjan Senapati's case (supra) then the amount, as is
due and admissible to the Petitioner, be sanctioned and
disbursed in his favour within six weeks from the date of taking
such decision.
9. With the aforesaid observation the Interlocutory application
stands disposed of.
( A.K. Mohapatra )
Judge
RKS
Designation: AR-CUM-Senior Secretary
Location: High Court of Orissa
Date: 15-May-2025 16:25:55
