Bijaya Mishra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.13522 of 2022 Bijaya Mishra and another ....

Petitioners Mr. P.K. Samantray, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. Y.S.P. Babu, AGA for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

21.06.2022 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.

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

"The petitioners, therefore, pray that Your Lordship would be graciously pleased to admit the case call for the records and after hearing the parties allow the same, issue writ in the nature of mandamus/certiorari and/or any other/further writ/direction directing as follows :

a) Sanction and disburse the retirement benefits such as GPF, unutilized leave salary, gratuity and other benefits of deceased employee namely Biranchi Narayan Mohapatra immediately within a short stipulated period b) Sanction and release family pension in respect of the

// 2 // widow/petitioner No.1 immediately within a short stipulated period.

And for this act of kindness, the petitioner shall as in duty bound ever pray."

4.

Learned counsel for the Petitioners submits that ventilating his grievance, Petitioners have filed a representation before the Opposite Party No.2, dated 04.05.2022 under Annexure-11, which according to the Petitioners is pending for consideration. 5.

Considering the limited nature of grievance and considering the facts and circumstances of the case, this Court directs the Distirct Magistrate & Collector, Puri, Opposite Party No.2 to consider the representation of the Petitioner dated 04.05.2022 (Annexure-11) within a period of six weeks from the date of receipt of certified copy of this order, strictly in accordance with law, by passing a speaking and reasoned order. Decision so taken be communicated to the Petitioner within a period of two weeks thereafter. In the event it is found that Petitioners are entitled to get retirement dues, the same shall be released in their favour forthwith within a period of two weeks from the date of taking a decision on the representation of the Petitioners.

6.

With the above direction, the writ petition stands disposed of. 7.

Issue urgent certified copy of this order on proper application. (A.K. Mohapatra) Judge U.K.Sahoo