Surendranath Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.6515 of 2022 Surendranath Jena ....

Petitioner Mr. Bibhudhendra Dash, Advocate -versusState of Odisha and others ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

11.03.2022 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 for payment of pension/enhanced provisional pension in favour of the petitioner. 4.

It is submitted by learned counsel for the petitioner that the petitioner being aggrieved by the conduct of the opposite parties in not granting final revised pension in terms ORSP Rules, 2006, not being sanctioned and disbursed the same in favour of the petitioner and the petitioner has been filed a representation before the Principal, I.T.I., Rourkela-Opposite Party No.3 on 09.10.2012 and the same is pending till now. Further, he submits that during the pendency of the writ petition, the authorities by order dated 10.10.2012 allowed the revised provisional pension in favour of the petitioner.

// 2 // 5.

In such view of the matter, the only grievance of the petitioner is revised final pension in terms of the ORSP Rules, 2006. Learned counsel for the petitioner further submits that the authorities are sitting over the matter over a decade. Hence, a direction may be given to the authorities for sanction pension/enhanced provisional pension in favour of the petitioner.

6.

Learned counsel for the State submits that he has no objection, if a direction is given to the authority to consider the representation of the Petitioner within a stipulated period of time. 7.

Considering the aforesaid submissions made by learned counsels for the parties, this Court this Court directs the petitioner to approach Principal, I.T.I., Rourkela-Opposite Party No.3 file a representation along with certified copy of this order within a period of four weeks from today. In the event the petitioner submits the representation along with certified copy of this order, the same shall be considered in accordance with law within a period of two months thereafter. 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 two weeks 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