Panchanan Mishra v. Govt. Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.28289 of 2022 Panchanan Mishra ....

Petitioner Mr. P.K. Mahapatra, Advocate -versusGovt. of Odisha & Others ....

Opp. Parties Mr. B.P. Tripathy, AGA

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

11.11.2022 01.

1.

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

2.

Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the record.

3.

The present writ petition has been filed by the petitioner with the following prayers:

"In the above facts and circumstances, the Petitioner prays this Hon'ble Court may graciously be pleased to admit the Writ Petition, issue notice to the Opposite Parties to show cause as to why, he shall not be issued with the pension as per actual and arrear on pension from the date of his superannuation and if the Opposite Parties fail to show cause or show insufficient cause, the Hon'ble Court may further be pleased, to allow this Writ petition directing the Opposite Party No.3 and 4 to take appropriate step for disbursement of pension as per actual and arrear on pension as well by issuing a Writ in the nature of Mandamus or any other Writ/Writs, order/orders direction /directions as deemed fit and proper in the interest of justice.

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

// 2 // 4.

It is submitted by learned counsel for the petitioner that although the petitioner has filed representation dated 02.09.2022 under Annexure-3 before the Superintendent of Police, Kendrapada-Opposite Party No.4, the same is still pending before the said Opposite party and the said Opposite Party has not taken any decision as of now. 5.

Learned counsel for the State submits that he has no objection, if a direction is given to the authorities to consider the grievance petition of the petitioner in accordance with law within a stipulated period of time.

6.

Considering the submissions made by the respective parties, the limited nature of grievance involved in the present writ petition, keeping in view the case of the petitioner, this Court disposes of the writ petition at the stage of admission with a direction to the Superintendent of Police, Kendrapada-Opposite Party No.4 to consider the representation of the petitioner dated 02.09.2022 under Annexure-3 in accordance with law within a period of six weeks from the date of production of certified copy of this order. It is needless to mention here that the representation of the petitioner shall be considered and disposed of by passing a speaking and reasoned order. Any decision so taken on the said representation shall be communicated to the petitioner within a period of two weeks thereafter.

7.

With the aforesaid observation/direction, the writ petition is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Debasis