Nityananda Samal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OA) No. 762 of 2018 Nityananda Samal .....

Petitioner Mr. Manas Pati, Adv.

Vs.

State of Odisha and others .....

Opposite Parties Mr. S. Jena, SC, S&ME

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

14.12.2022 Order No.

02.

This matter is taken up through hybrid mode.

2.

Heard Mr. Manas Pati, learned counsel for the petitioner and Mr. S. Jena, learned Standing Counsel appearing for the School and Mass Education Department.

3.

The petitioner has filed this writ petition seeking to quash the order dated 05.04.2018 under Annexure-6, and to issue direction to the opposite parties to sanction and disburse the 2nd RACP from the date of completion of 20 years of regular service i.e. from 07.08.2017 @ Rs.9300-34800/- with G.P. of Rs.4200/- as per the option exercised by the petitioner under ORSP Rules, 2017 within a stipulated time.

4.

Mr. Manas Pati, learned counsel for the petitioner contended that the case of the petitioner is covered by the order dated 26.09.2022 passed by this Court in WPC (OAC) 1397 OF 2018 (Alok Pradhan and others v. Director General of Police and others). Therefore, this writ petition may be disposed of in the light of the aforesaid order.

5.

Mr. S. Jena, learned Standing Counsel appearing for the School and Mass Education Department contended that the case, which has been relied upon by learned counsel for the petitioner belonged to Home Department and, as such, the same may not be applicable to the present case.

6.

Having heard learned counsel for the parties and after going through the records, this Court finds that since principles have already been decided by this Court in Alok Pradhan mentioned supra, this writ petition stands disposed of directing the opposite parties-authority to consider the case of the petitioner in the light of the order passed by this Court in the case of Alok Pradhan (supra) and pass appropriate order in accordance with law within a period of three months from the date of production of certified copy of this order.

7.

Issue urgent certified copy as per rules.

(DR. B.R. SARANGI) JUDGE Arun