Fakir Mohan Mishra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.26309 of 2022 Fakir Mohan Mishra ....

Petitioner -versusState of Odisha & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

11.10.2022 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 appearing for the Opp. Parties.

3. The Petitioner has filed the present Writ Petition with the following prayer:- "It is therefore prayed that this Hon'ble Court may graciously be pleased to consider the facts stated in the writ petition, admit the same, issue Rule NISI calling upon the Opp. Parties to show cause :

i.

Why the annual increment of the petitioner since 2003 shall not be granted and accordingly, his pay will not be fixed and why the financial benefits/arrear dues shall not be released in favour of the petitioner within a stipulated time. ii.

Why the final pension and other pensionary benefits such as Gratuity, GPF, etc. shall not be sanctioned and released in favour of the petitioner at the earliest.

iii.

If the Opp. Parties fail to show cause or show insufficient cause then the rule may kindly be made absolute.

iv.

And/r pass any other order/orders, direction/directions, writ/writs as this Hon'ble Court may deem just and proper;

// 2 // v.

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

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.2, 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.2 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.2 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