Himanshu Sekhar Subudhi v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.C(OAC) No.328 of 2016 Himanshu Sekhar Subudhi ....

Petitioner -versusState of Odisha & Others ....

Opposite Parties COROM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

16.9.2022 2.

1.

This matter is taken up through Hybrid Mode.

Order No 2.

Counter affidavit filed by Opp. Party No.2 in Court today as well as affidavit filed by learned counsel for the petitioner in Court be kept on record.

3.

Heard Mr. Mohanty, learned counsel for the petitioner and Mr. Pattanaik, learned Standing Counsel.

4.

The petitioner has filed the present Writ Petition with the following prayer.

"Quash the impugned order dated 16.1.2018 at Annexure-12 Direct/order the Respondent to allow the applicant as Editor(Video) and/or in any other identical posts preferably as Demonstrator, under Respondent No.2 with scale of pay similar to the post of Editor (Video) which he was continuing on deputation under Resp. No.3 and release all the consequential service and monetary benefits within a stipulated period as may think fit and proper by this Hon'ble Tribunal." 5.

Mr. Mohanty, learned counsel for the petitioner submitted that during pendency of the matter, the petitioner was not only absorbed as against the post of

// 2 // Statistical Investigator which is equivalent to the post of Editor (Video) and his pay has also been accordingly fixed vide order dated 6.9.2022. It is submitted that since the petitioner has retired in the meantime, necessary direction be issued to Opp. Party No.2 to extend the financial benefit as well as the pensionary benefits on the basis of the pay fixation made on 6.9.2022. This court accordingly while disposing the writ petition directs Opp. Party No.2 to recalculate entitlement of the petitioner both pre-retirement and post retirement and disburse the same within a period of four months from the date of receipt of this order, if there is no other legal impediment.

6.

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