Rabinarayan Patra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.16617 of 2022 Rabinarayan Patra ....

Petitioner -versusState of Odisha & Others ....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

18.07.2022 Order No

1. 1.

This matter is taken up through Hybrid Mode.

2.

Heard Mr. G.R.Sethi, learned counsel for the Petitioner and Mr. R.N.Mishra, learned Addl. Government Advocate for the State.

3.

This Writ Petition has been filed by the Petitioner challenging the Office order dated 10.03.2022 under Annexure-6, wherein the claim of the Petitioner to include him under the provision of OCS (Pension) Rules, 1992 was rejected on the ground that the order passed by this Court on 30.08.2018 in W.P.(C) No.6267 of 2018 is challenged by the State before the Hon'ble Apex Court in SLP (C) No.028065 / 2019.

4.

Mr. Sethi, learned counsel for the Petitioner submitted that in the meantime the said leave application has been dismissed by the Hon'ble Apex Court vide order dated 18.05.2022.

5.

Mr. Mishra, learned Additional Government Advocate also does not dispute the same.

// 2 // 6.

In view of that this Court while quashing Annexure-6 directs the Opposite Party No.1 to take a fresh decision in view of the dismissal of the Special Leave Petition by the Hon'ble Apex Court. Such a fresh decision shall be taken by the Opposite Party No.1 within a period of three months from the date of receipt of this order.

7.

It is however, observed that this Court has not expressed any opinion on the merits of the case.

8.

Accordingly, the Writ Petition is disposed of. (Biraja Prasanna Satapathy) Judge Subrat