Prafulla Kumar Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No. 5757 of 2022 Prafulla Kumar Das ....

Petitioner Miss Deepali Mohapatra, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. Debasis Mohapatra, SC, S&ME Department

CORAM:

JUSTICE M.S.SAHOO Order No.

ORDER

29.03.2022

1. 1. This matter is taken up through hybrid mode.

2. The grievance raised in the writ petition by the petitioner is that he is superannuated from service on attaining the age of superannuation w.e.f. 31.5.2021 as Headmaster, Sahapur Primary School.

3. It is further stated that alleging the caste certificate produced by the petitioner not to be correct, a proceeding was initiated before the State Level Scrutiny Committee bearing FCC No. 63 of 2012 and the proceeding has been stayed by the order of this Court dated 1.9.2014 passed in W.P.(C) No. 15605 of 2014.

4. It is submitted that the petitioner has retired after completing his service period satisfactorily and no departmental, criminal or any other proceeding is pending that would affect disbursement of retiral dues.

5. It is further submitted that the petitioner is in receipt of the provisional pension vide order dated 30.5.2021 (Annexure-2) and the petitioner has moved the authority by making representation dated 30.7.2021 & 4.1.2022 (Annexure-3 series) for redressal of his grievance to receive the final pension dues.

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6. It is submitted by learned Standing Counsel that granted some time, the authority shall consider the grievance of the petitioner regarding release of the retiral dues.

7. Having heard learned counsel for the parties, the writ petition is disposed of with the following order : The petitioner, if so advised, shall make a fresh representation before the appropriate authority enclosing the copies of the all the relevant documents and earlier representations, if any.

The authority shall do well to consider and dispose of the representation(s) of the petitioner in accordance with law, as expeditiously as possible preferably within a period of three months from the date of receipt of the certified copy of the order passed by this Court along with copy(ies) of the representation(s).

The authority shall communicate its decision to the petitioner within two weeks.

It is also observed that if the authority takes decision in favour of the petitioner, appropriate after steps would be taken for release of the retiral dues in accordance with law.

8. Urgent certified copy of the order be granted as per Rules.

9. The order be uploaded in the Court's website. (M.S.Sahoo) Judge dutta