Jiban Krushna Khatai v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.28638 of 2022 Jiban Krushna Khatai ....

Petitioner Mr. S.B. Jena, Advocate -versusState of Odisha and another ....

Opp. Parties Mr. B.Pr. Tripathy, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

02.11.2022 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:

"Under the aforesaid facts and circumstances of the case, it is, therefore, prayed that this Hon'ble Court may graciously be pleased to issue a writ of mandamus by directing the opp.Parties more particularly opp.party no.6 to grant the petitioner EPF benefits from the date of his initial appointment i.e., w.e.f. 10.08.1989 till 13.04.2018.

Further be pleased to direct the opp.party no.2 and 4 to contribute the employee share with employer's share w.e.f. 10.08.1989 till 13.04.2018.

And further be pleased to direct the opp.parties to disburse all the consequential and service benefits Or pass such other order/orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

// 2 // 4.

It is further submitted by learned counsel for the petitioner that although the petitioner has filed representation dated 30.04.2022 under Annexure-6 before the Engineer-in-Chief, Rural Water Supply and Sanitisation, Odisha, Bhubaneswar-Opposite Party No.2, the same is still pending before the said Opposite party and the said Opposite Party has not taken any decision as of now. 5.

Considering the submissions made, 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 Engineer-in-Chief, Rural Water Supply and Sanitisation, Odisha, Bhubaneswar-Opposite Party No.2 to consider the representation of the petitioner dated 30.04.2022 under Annexure-6 in accordance with law within a period of eight 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 Jagabandhu