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Orissa High CourtWPC(OA)/2949/2015disposed off

Sankar Kumar Pan v. State Of Odisha

2022-07-04Mr. Justice Biraja Prasanna Satapathy2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C)(OA) No.2949 of 2015 Sankar Kumar Pan ....

Petitioner -versusState of Odisha & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

04.07.2022

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 for the Opposite Parties.

3. The Petitioner has filed the present Writ Petition with the following prayer:- " In view of the facts & submissions mentioned in Par-(6) above the applicant pray for the following relief (s):- (i) The Hon'ble Tribunal be pleased to direct the Respondents to sanction and disburse the TBA as per Rule -8(2) of ORSP rules 1998 on completion of 15 years of regular service w.e.f.21.9.2005 & 2nd RACP benefit in favour of the applicant w.e.f.1.1.2013 by taking into account the entry date of regular service but not from the date of training qualification as per the Finance Deptt. Resolution dt.6.2.2013 under Annexure-3 with all consequential financial benefits within a time bound period for the interest of justice. (ii) The Hon'ble Tribunal may be pleased to pass any order(s)/direction(s) as deems fit and proper for the interest of justice."

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4. Considering the submission made and without expressing any opinion on the merits of the case, the Petitioner is directed to make a fresh representation before the Opp. Party No.1 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of three weeks hence, if on such consideration, it is found that the Petitioner is entitled to get any financial benefit, the same is also be disbursed within a further period of three months.

5. It is observed that if such a representation is filed within the aforesaid period, the Opp. Party No.1 shall do well to take a lawful decision within a period of three months from the date of receipt of such representation. The order so passed by the Opp. Party No.1 be communicated to the Petitioner.

6.

With the aforesaid observations and directions, the Writ Petition is disposed of.

(Biraja Prasanna Satapathy) Judge Sneha