Ashok Kumar Mahapatra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.13859 of 2022 Ashok Kumar Mahapatra ....

Petitioner Mr. R.K. Mahanta, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. Y.S.P. Babu, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

04.07.2022 02.

1.

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

2.

Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the record.

3.

The present writ petition has been filed by the petitioner with the following prayers:

"The petitioner, therefore, prays that this Hon'ble Court may be graciously pleased to issue Rule NISI to the Opp. Parties, call for the records and if the Opp. Parties fail to show cause or insufficient cause, the said Rule may be made absolute directing the Opp. Parties more specifically Opp. Party No.2 to refund/disburse the pension fund contribution of the petitioner for the year 59th and 60th within a stipulated time.

And pass any other order/orders as deem(s) fit and proper in the interest of justice."

4.

It is submitted by learned counsel for the petitioner that although the petitioner has filed representation dated 25.10.2021 under Annexure-2 series before the Regional Provident Fund Commissioner, Regional Officer, Bhubaneswar-Opposite Party No.2, the same is still pending before the said Opposite party and the said Opposite Party has

// 2 // not taken any decision as of now.

5.

Learned counsel for the State submits that he has no objection, if a direction is given to the authorities to consider the grievance petition of the petitioner in accordance with law within a stipulated period of time.

6.

Considering the submissions made by the respective parties, the limited nature of grievance involved in the present writ petition, keeping in view the case of the petitioner, this Court disposes of the writ petition at the stage of admission with a direction to the Principal Secretary to Government, Water Resources Department, BhubaneswarOpposite Party No.1 to consider the representation of the petitioner dated 25.10.2021 under Annexure-2 series in accordance with law within a period of two months from the date of production of certified copy of this order. It is needless to mention here that the representation of the petitioner shall be considered and disposed of by passing a speaking and reasoned order. Any decision so taken on the said representation shall be communicated to the petitioner within a period of two weeks thereafter.

7.

With the aforesaid observation/direction, the writ petition is disposed of.

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

Jagabandhu ( A.K. Mohapatra ) Judge