Paresh Chandra Nath v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.27504 of 2022 Paresh Chandra Nath ....

Petitioner Mr.Sidharth Prasad Das, Advocate -versusState of Odisha and others ....

Opposite Parties Mr.B.P.Tripathy, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

17.11.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner and learned Additional Government Advocate.

3.

The Petitioner has filed the present writ application with the following prayer:

" In view of the facts and in the circumstances as detailed above, it is humbly prayed that this Hon'ble Court may graciously be pleased to a) Admit the case, issue notice to the Opp.Parties and call for the records;

b) Issue a writ in the nature of mandamus to the respondent State authorities directing them to sanction GIS, Obsequies Money, 60% of 7th Pay arrear and Leave Salary and Final GPF with Final Pension and all other retiral service and financial benefit of the deceased wife of the Petitioner within a stipulated time with appropriate interest for delay in such payment in the interest of justice;

c) And pass any other writ/writs and order/directions with this Hon'ble Court may deem fit and proper in the interest of justice."

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In course of hearing of the writ application, learned counsel for the Petitioner submits that the Petitioner ventilating his grievance has submitted representation before the Divisional Forest Officer, Malkangiri Forest Division, Malkangiri, Opposite Party No.3 on 17.05.2022 under Annexure-8. It is also submitted by the learned counsel for the Petitioner that the said representation is pending as of now. It is also submitted by the learned counsel for the Petitioner that a direction be issued to the Opposite Party No.3 to consider the representation of the Petitioner under Annexure-8 within a stipulated period of time.

5.

Learned Additional Government Advocate submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.3, which is stated to be pending, in accordance with law within a stipulated period of time.

6.

Considering the limited nature of grievance of the Petitioner, the writ application is disposed of at the stage of admission with a direction to the Opposite Party no.3 to consider the representation of the Petitioner under Annexure-8 in accordance with law within a period of eight weeks from the date of production of certified copy of this order. The Opposite Party No.3 shall do well to dispose of the representation of the Petitioner under Annexure-8 by passing a speaking and reasoned order.

7.

With the aforesaid observation, the writ application stands disposed of.

8.

Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra ) Judge

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