Chandra Sekhar Samal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.6499 of 2022 Chandra Sekhar Samal ....

Petitioner Mr. Swapnil Roy, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. YSP Babu, AGA for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

21.03.2022 Order No.

01.

1.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2.

Heard learned counsel for the Petitioner and learned counsel for the State.

3.

The Petitioner has filed this writ petition seeking direction to the Opposite Parties to absorb the Petitioner in regular establishment and further to extend all service and financial benefits as provided under the Orissa Civil Service (Pension) Rules, 1992. 4.

Learned counsel for the Petitioner contended that this question has already been considered by a Division Bench of this Court in W.P.(C) No.19550 of 2011, disposed of on 03.02.2021 (Chandra Nandi vs. State of Odisha) and W.P.(C) No.27950 of 2019, disposed of on 03.02.2021 (Premananda Tripathy vs. State of Odisha). He contended that since the matter has already been decided by this Court and, as such, the Petitioner having stood in the same footing, nothing remains to be adjudicated by this Court.

// 2 // Therefore, direction may be given to the Authority to consider the case of the Petitioner in the light of the aforesaid orders. 5.

Learned Addl. Government Advocate contended that since this question has already been decided by this Court, direction may be given to the Authority to consider the case of the Petitioner in the light of the aforesaid orders.

6.

Considering the contention raised by learned counsel for the Parties and after going through the records, this writ petition stands disposed of directing Opposite Party No.1 to consider the case of the Petitioner for grant of pension and pensionary benefits as due and admissible to him, taking into consideration the order dated 03.02.2021 passed by this Court in Chandra Nanda and Premananda Tripathy as mentioned supra as well as the ratio decided by this Court in State of Orissa vs. Jyostna Rani Pattnaik (W.P.(C) No.1534 of 2008, disposed of on 19.12.2016) and pass appropriate order in accordance with law, as expeditiously as possible, preferably within a period of four months from the date of production of the certified copy of this order. 7.

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

8.

Issue urgent certified copy as per rules.

(A.K. Mohapatra) Judge U.K.Sahoo