Tirthabasi Garnayak vs State Of Odisha & Others ... Opposite ...
2025 Latest Caselaw 8753 Ori

Orissa High Court

Tirthabasi Garnayak vs State Of Odisha & Others ... Opposite ... on 25 September, 2025

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  W.P.(C) No.26602 of 2025
                 Tirthabasi Garnayak                          .... Petitioner
                                                       Mr.Ranjit Samal, Advocate

                                              -versus-

                 State of Odisha & Others                     ... Opposite Parties
                                                               Mr.S.K. Jee, AGA

                          CORAM:
                          JUSTICE DIXIT KRISHNA SHRIPAD
                                        ORDER

25.09.2025 Order No. Heard learned counsel appearing for the parties.

2. The short grievance of the petitioner is as to non-granting of

MACP benefit after he has put in a particular number of years of

service under the extant policy. Learned counsel for the petitioner

submits that, that benefit ought to have been granted to his client

and not giving him is unjustified.

3. Learned A.G.A. appearing for the O.Ps. submits that there

cannot be a Mandamus, unless there is demand and rejection. That

standard books of law, like the one by Justice B.L.Hansaria's "Writ

Jurisdiction". This is correct position.

In the above circumstances, the writ petition is disposed off

reserving liberty to the petitioner to make appropriate application

to the concerned authorities, supported by necessary documents

within two weeks and if such a representation is made, decision

shall be taken by the Jurisdictional Authorities and result thereof

shall be informed to the petitioner within an outer limit of six

weeks. In that connection, all contentions of the parties are kept

open. The consideration shall be in the light of the decision of a

coordinate Bench of this Court in Ashok Kumar Mohapatra -vrs.-

State of Orissa (O.A.No.1668 of 2017 disposed of vide judgment

dated 09.10.2018 and confirmed by this Court in W.P.(C) No.6698

of 2010 and further confirmed by the apex Court in SLP(C)

No.15573 of 2020.

It is open to Opp. Party No.2 to solicit any information or

document from the side of the petitioner, as are required for due

consideration of the subject representation; however in that guise,

delay shall not be brooked.

Now, no costs.

(Dixit Krishna Shripad) Judge Prasant

Signed by: PRASANT KUMAR SAHOO