Pradipta Kumar Mohanty v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.4835 of 2022 Pradipta Kumar Mohanty ....
Petitioner Mr. Agasti Kanungo, Advocate -versusState of Odisha and another ....
Opposite Parties Mr. Y.S.P. Babu, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
04.04.2022 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. Perused the record.
3.
The present writ petition has been filed by the petitioner seeking a direction to the opposite parties to regularize the period of deputation w.e.f. 23.08.1989 to 12.02.1996, sanction the incremental benefit and pay fixation be made by the competent authority under the revision of scales of pay.
4.
It is submitted by learned counsel for the Petitioner that although the petitioner has retired from service on attaining age of superannuation on 31.03.2006, he has not paid the pensionary and retiral dues. Although the petitioner had approached the authority on several times but, the authorities deferring the matter and no taking any final decision to grant and disburse the financial benefits as due and admissible to the petitioner as of now. Learned counsel for the
// 2 // petitioner drawing the attention of this Court to the letter dated 18.08.2020 and 31.08.2020 issued by the District Audit Officer, Local Fund Audit, Sundargarh submits that the authorities concerned are unable to pay the service book of the petitioner although several years have been passed in the meantime to that effect. It is further submitted that the original service book of the petitioner is not trace out from the office record and the authorities are unable to pay the service book of the petitioner as a result of which the petitioner is deprived to get his legitimate duties.
5.
It is s also submitted by learned counsel for the petitioner that on 18.03.2020, the petitioner has submitted a detailed representation to the Principal Secretary to Government, Department of Finance, Orissa, Bhubaneswar as well as the Director, Office of the Directorate of Local Fund Audit (DLFA), Bhubaneswar. It is also stated that the said representation is pending almost one year and no decision has been taken on the representation of the Petitioner. 6.
Learned counsel for the State submits that he has no objection, if a direction is given to the authorities to consider the grievance petition of the petitioner within a stipulated period of time. 7.
Considering the submissions made by the respective parties, the limited nature of grievance involved in the present writ petition, this Court disposes of the writ petition at the stage of admission with a direction to the Director, Office of the Directorate of Local Fund Audit (DLFA), Bhubaneswar-Opposite Party No.2 to consider the representation of the Petitioner dated 18.03.2020 under Annexure-8 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 and disposed
// 3 // of 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.
8.
With the aforesaid direction/observation, this writ petition stands disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra ) Judge Jagabandhu