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Orissa High CourtWP(C)/11074/2022disposed off

Dr.Himanshu Shekhar Panda v. State Of Orissa

2022-05-09Mr. Justice Aditya Kumar Mohapatra3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.11074 of 2022 Dr. Himanshu Shekhar Panda & others ....

Petitioners Mr. Santosh Kumar Mahanty, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. K.K. Nayak, ASC for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

09.05.2022 Order No.

01.

1.

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

2.

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

3.

The present writ petition has been filed by the Petitioners with the following relief:

"In the above circumstances, it is most humbly and respectfully prayed that this Hon'ble Court may graciously be pleased to admit the Writ Petition, issue notice to the Opp. Parties and direct the CDM & PHO, Puri to redress the grievance of the petitioners as per the direction of Director Public Health, Odisha in letter No.1592 dated 15.4.2021 within a stipulated time as fixed by this Hon'ble Court."

4.

Learned counsel for the Petitioners with reference to the

// 2 // letter of the Director of Public Health, Odisha addressed to the CDM & PHO, Puri, dated 15.4.2021 (Annexure-5) submits that the Director of Public Health, Odisha requested the CDM & PHO, Puri to examine the correctness of the claim and furnish the details with work certificate of MHT Doctors and requirement of TA/DA as per the society norms of NHM to the Directorate and for taking further action in the matter. It is submitted that although the Petitioners have discharged their duties during the Cyclone Fani and despite a clear promise to pay TA/DA by the Government, the Authority is not taking any decision on the letter of the Director of Public Health, Odisha dated 15.4.2021.

5.

Learned counsel for the State on the other hand submits that since the request has already been made by the Director Public Health, Odisha to the CDM & PHO, Puri, let the Director of Public Health, Odisha-Opposite Party No.2 be directed to take a decision in the matter within a stipulated period of time. 6.

Considering the aforesaid submissions and keeping in view the nature of grievance, this Court disposes of the writ petition at the stage of admission by directing the Opposite Party No.2 to take a decision in the matter within a period of six weeks from the date of production of certified copy of this order. Further, in the event it is found that the Petitioners are entitled to get the benefits, the Opposite Party No.2 is directed to calculate the dues payable to the Petitioners and disburse the same within a period of one month from the date of such decision.

7.

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

// 3 // 8.

Urgent certified copy of this order be granted on proper application.

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