Chandramohanty Srinivasa Rao v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.27179 of 2022 Chandramohanty Srinivasa Rao ....

Petitioner -versusState of Odisha & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

21.10.2022 02.

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

2. Heard Mr. S.P. Pati, learned counsel for the Petitioner and Mr. R.N. Mishra, learned AGA appearing for the Opp. Parties.

3. On instruction Mr. Mishra, learned AGA submitted that all possible steps was taken to regularize the period of service of the Petitioner for the purpose of sanction of financial pension and gratuity and other admissible dues and in that regard orders passed by the Additional Chief Engineer, Upper Indravati Dam Circle, Khatiguda on 20.10.2022 were filed before this Court. The same orders be kept on record.

4. It is also submitted that within a period of 15 (fifteen) days from today the period of service should be regularized and all the pension papers will be submitted before the Accountant General for sanction of pension and gratuity in favour of the Petitioner.

5. However, Mr. Mishra, learned AGA submitted that as against the Petitioner the Govt. is entitled to get the amount of Rs.8,39,648/- (Rs. Eight lakhs thirty nine thousand six hundred forty eight) and

// 2 // the same is also reflected in the communication issued by the Odisha Hydro Power Corporation Ltd. on dtd.20.07.2022.

6. Mr. Pati, learned counsel for the Petitioner submitted that the Petitioner is against willing to pay back the governmental dues from his arrear entitlement and Govt. is free to recover the same.

7. In considering the submission made by learned counsel appearing for the Parties and the undertaking given by Mr. Mishra, this Court while disposing the writ Petition directs the O.P. No. 1 to take all possible steps for sanction and release of the retiral dues of the Petitioner. The said exercise shall be completed within a period of two (2) months from the date of receipt of this order.

8. The writ Petition is disposed of accordingly. (Biraja Prasanna Satapathy) Judge Sneha