Dhirendra Kumar Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.15319 of 2022 Dhirendra Kumar Behera ....

Petitioner Mr. C.S. Panda, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. S.N. Pattanaik, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

28.06.2022 01.

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:

"It is, therefore, most humbly prayed that this Hon'ble Court may graciously be pleased Admit the writ application, to issue rule Nisi calling upon the opposite parties to show cause as to why the prayers made hereunder be not allowed, Upon showing insufficient cause/ no cause make the said Rule absolute, Issue writ/writs in the nature ofMandamus directing the opp. Parties to comply and implement the order Dtd.28/11/2018 at Annexure 10 passed by the Learned Tribunal and further disburse the updated salary from the year 2013 in the interest of justice, equity and fair play.

And/or may pass such other writ/writs, order/orders, direction/directions as this Hon'ble Court may think fit and proper for the ends of justice."

// 2 // 4.

It is submitted by learned counsel for the petitioner that the opposite parties are not complying with the direction of the learned Tribunal issued by the dated 28.11.2018 in O.A. No.2913 of 2015. The only the relief as sought for, the opposite parties to comply with the direction of the learned Tribunal as stated hereinabove. 5.

Learned counsel for the State, on the other hand, submits that the authorities are bound to comply with the direction issued by the learned Tribunal, unless the same is challenged before any higher forum. Therefore, he submits that further direction is not necessary in the matter.

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 opposite parties to comply with the direction issued by the learned Tribunal vide order dated 28.11.2018 in O.A. No.2913 of 2015 as expeditiously as possible within a period of two months from the date of production of certified copy of this order, if there is no other legal impediment.

7.

With the aforesaid observation, the writ petition is disposed of. Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Judge Jagabandhu