Ratnakar Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.11367 of 2022 Sri Ratnakar Sahoo ....

Petitioner Mr. Manas Pati, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. P.C. Das, 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 Petitioner and learned counsel for the State.

3.

This writ petition has been filed by the Petitioner with the following relief:

"The petitioner therefore prays that your Lordships may graciously be pleased to direct the Opp. Parties more particularly the Opp. Party No.3 to submit the statutory return, digital signature documents etc. forthwith as required for finalization of EPF dues with interest by the Opp. Party No.4 as early as possible.

And pass such order/directions as this Hon'ble Court may deem fit and proper. And for this act of kindness, the Petitioner as in duty bound shall ever pray." 4.

It is submitted by leaned counsel for the Petitioner that although the Executive Engineer (R&B) Division No.1, Balasore, Opposite Party No.3, vide letter dated 24.12.2020 written to the Assistant Provident Fund Commissioner (Compl) EPF Organization,

// 2 // Bhubaneswar dated 24.12.2020 (Annexure-2) regarding return of EPF dues deducted & deposited before EPF Organization for the period dt.18.01.2011 to 28.02.2019 against EPF Account UAN No.100907502819 of Sri Ratnakar Sahoo, Watchman, retired Work Charged Employee of Balasore (R&B) Division-I. Learned counsel for the Petitioner further submits that despite request by the Office of the Commissioner to provide Annual Return, Digital Signature etc. for release of Full EPF dues, the same has not been provided as of now. In the aforesaid context, it is further submitted that he has submitted a representation before the Superintending Engineer, Balasore-Opposite Party No.2 vide Annexure-4 and to the immediate Higher Authority i,e, Opposite Party No.3 on 18.04.2022. It is further submitted by learned counsel for the Petitioner that the same is still pending for consideration.

5.

Learned counsel for the State on the other hand submits that since the matter is pending before the Superintending Engineer, Balasore, the immediate authority who is to forward the digital signature and other relevant documents to the Provident Fund Commissioner, he has no objection if a direction is given to the Authority for disposal of the said representation within a stipulate period of time.

6.

Considering the aforesaid submissions and keeping in view the limited grievance of the Petitioner, this Court disposes of the writ petition with a direction to the Superintending Engineer, Balasore, Opposite Party No.2 to take a decision on the representation dated 18.04.2022 under Annexure-4, which is pending before the Opposite Party No.3, within a period of six weeks from the date of production of certified copy of this order. It

// 3 // is further directed that the Opposite Party No.3 shall do well to ensure that necessary papers are forwarded to the Competent Authority to do the needful in the matter so that the Petitioner shall get his EPF dues, as expeditiously as possible, within a period of three months from the date of production of a certified copy of this order.

7.

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

8.

Issue urgent certified copy as per rules.

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