Babaji Mishra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.3740 of 2022 Babaji Mishra ....

Petitioner Mr. S. Pattanayak, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. Y.S.P. Babu, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

09.03.2022 01.

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.

3.

The present writ petition has been filed by the Petitioner seeking a direction to the opposite parties to release all his salary benefits i.e. salary of suspension period, leave salary, differential amount on 5th pay commission till date, 3rd dose of pay gratuity, full pension.

4.

It is submitted by learned counsel for the Petitioner that the Petitioner has been filed representations before the Municipal Commissioner, Municipal Corporation, Bhubaneswar-Opposite Party No.3 on 26.10.2018 and the said Opposite Party has not considered the grievance of the Petitioner as of now. He further submits that despite several years have been passed in the meantime, no decision has been taken on such representation.

// 2 // 5.

Learned counsel for the State submits that he has no objection, if a direction is given to the authorities to consider the representation of the Petitioner within a stipulated period of time. 6.

Having regard to the submissions made by learned counsel for the parties, this Court disposes of the writ petition with a direction to the Municipal Commissioner, Municipal Corporation, BhubaneswarOpposite Party No.3 to consider the representation of the Petitioner dated 26.10.2018 under Annexure-7 series in accordance with law within a period of two months from the date of production of certified copy of this order. It is needless to mention here that the representation of the Petitioner shall be considered by passing a speaking and reasoned order on the same. Any decision taken on the same shall be communicated to the Petitioner within a period of ten days thereafter.

7.

With the aforesaid direction, the writ petition stands disposed of.

8.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Judge Jagabandhu