Niranjan Padhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.13765 of 2022 Niranjan Padhi ....

Petitioner Mr. P.K.Rath, Advocate -versusState of Orissa & others ....

Opp.parties Mr. Gajendra Rout, ASC

CORAM:

JUSTICE M.S.SAHOO

ORDER

31.05.2022 1.

1. This matter is taken up through hybrid mode. Order No.

2. The petitioner, who will be attaining the age of superannuation on 31.05.2022 and retire from service while working as VLW under the establishment of opposite party no.3-Collector, Balasore, has filed the writ petition as his Service Book has not been updated since 31.07.2008, resulting in non-payment of his regular salary with effect from 01.11.2009 till date.

3. It is further submitted by the learned counsel for the petitioner that the petitioner also suffers immensely, inasmuch as he will not be able to get his pension as per his current updated salary and instead, has to draw the provisional pension that is less than the actual pension.

4. It is submitted by the learned counsel for the petitioner that the petitioner may be permitted to approach the authority for redressal of his grievances by making a fresh representation along with all relevant documents for updating his Service Book.

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5. Learned Additional Standing Counsel submits that the representation of the petitioner regarding updation of his service book and regularization of his pay and pension shall be considered by the authority in accordance with law and disposed of in due time.

6. Having heard the learned counsel for the parties, the writ petition is disposed of at the stage of admission with the following order:

7. The petitioner, if so advised, shall make a representation afresh before the appropriate authority along with the documents sought to be relied upon by the petitioner for regularization of service book as well as for getting his updated salary and retiral dues.

8. The authority shall do well to consider the representation of the petitioner, as expeditiously as possible preferably within a period of four months from the date of communication of the certified copy of this order along with copies of all the documents sought to be relied upon by the petitioner and take decision on the same. The authority shall also do the needful for grant of arrear dues to the petitioner after updating the service book.

9. The decision that would be rendered by the authority shall be communicated to the petitioner within two weeks of the decision of the authority.

10. It is clarified that this Court has not expressed any opinion on the merits of the case, in any manner whatsoever. ............................

M.S.Sahoo Vacation Judge Gs