Parsuram Mohapatra v. G.M.,S.E.Rly.

IN THE HIGH COURT OF ORISSA AT CUTTACK

OJC No. 2304 of 2001 Parsuram Mohapatra .....

Petitioner Mr. D. Panigrahi, Advocate Vs.

General Manager, S.E. Railway & others .....

Opposite Parties Mr. P.K. Parhi, ASGI

CORAM:

DR. JUSTICE B.R. SARANGI MR. JUSTICE SANJAY KUMAR MISHRA

ORDER

23.06.2022 Order No.

17.

This matter is taken up through hybrid mode.

2.

The petitioner has filed this writ petition seeking direction to the opposite parties to pay the salary from July to September, 1996 and T.A. from May to September, 1996, together with interest for the delayed payment.

3.

Mr. D. Panigrahi, learned counsel emphatically submitted that though the petitioner is entitled to get the salary as mentioned above, but the same has not been paid to him, for which he has filed this writ petition.

4.

On query being made by this Court, Mr. Panigrahi, learned counsel candidly admitted that the petitioner had earlier approached the tribunal by filing Original Application bearing O.A. No. 372 of 1997, but he has not assailed the order passed in the said original application before this Court in the present writ petition.

5.

Though the writ petition was filed on 28.02.2001, twice the matter had been dismissed for default and the same was restored

pursuant to the orders passed in CMAPL. At no point of time prayer was been made by the petitioner with regard to challenge of the order passed by the tribunal, as is required to be done by the petitioner. As such, after 20 years, learned counsel for the petitioner seeks time to amend the writ petition to create a cause of action for him. This Court is not inclined to entertain such a prayer.

6.

In view of the above, the writ petition stands dismissed. Arun/Banita (DR. B.R. SARANGI) JUDGE (S.K. MISHRA) JUDGE