Alladini Sejapada v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 20663 of 2022 Alladini Sejapada ....

Petitioner -versusState of Odisha & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

22.08.2022

01. 1. This matter is taken up through Hybrid Arrangement Order No (Virtual/Physical) Mode.

2. Heard learned counsel for the Petitioner and learned counsel for the Opposite Parties.

3. The Petitioner has filed the present Writ Petition with the following prayer:- "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 of

1. Writ of Mandamus directing the opp. Parties to extend the financial benefits in favour of the petitioner in terms of the order dtd.26.06.2013 under Annexure-3 particularly keeping in view the ratio on identical issue decided by the learned tribunal dtd.7.2.2019 under annexure-5 which has been upheld by this Hon'ble Court in W.P.(C) No.21772 of 2019 decided on 24.06.2021 under Annexure-6 and be further pleased to quash the clarification dtd.17.05.2014 under Annexure-4.

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2. To further direct for drawing and disbursing all arrear consequential financial benefits in favour of the Petitioner within the stipulated period.

And/or pass any other writ/writs, order/direction to the opposite parties according to the act and circumstances of the case as deemed fit and proper.

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

4. Learned counsel for the Petitioner further submits that through highlighting his grievances, the petitioner has filed an application at Annexure-7 to the Writ Petition before the O.P. No.1, but till date nothing has been done in the matter. In such background, learned counsel for the Petitioner prays that a direction be issued to Opposite Party No.1 to take a decision on the above noted Petition within a specific time period.

5. Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs Opposite Party No.1 to take a decision on the above noted petition in accordance with law within a period of three (3) months from the date of receipt of this order and communicate the result of such exercise to the Petitioner.

6. The Writ Petition is disposed of accordingly. (Biraja Prasanna Satapathy) Judge Sneha