Shyam Sundar Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OAC) No. 2996 of 2012 Shyam Sundar Jena ....

Petitioner Mr. S.A. Nayeem, Advocate -Versus - State of Odisha and others ....

Opposite Parties Standing Counsel

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

17.02.2022 This matter is taken up through hybrid mode.

Order No.

2.

The petitioner has filed this writ petition seeking direction to the opposite parties to release the service benefits from 30.01.1988 to 30.06.1996.

3.

Mr. S.A. Nayeem, learned counsel for the petitioner contended that since the service benefits from 30.01.1988 to 30.06.1996 has not been extended in favour of the petitioner; he has approached this Court by filing the present writ petition.

4.

Mr. N.K. Praharaj, learned Standing Counsel for the State-opposite parties contended that since the petitioner has not performed his duty for the aforesaid period, the same cannot be treated as duty and, therefore, the benefit cannot be extended in his favour. More so, the question of treating the above period as duty does not arise. It is further contended that the pension admissible to the petitioner has already been granted by the authority vide order dated 01.06.1996. 5.

In the above view of the matter, this Court is not

inclined to entertain this writ petition. However, if any claim is left out, the petitioner is at liberty to pursue his remedy before the appropriate forum in accordance with law. 6.

With the aforesaid liberty, the writ petition stands disposed of.

(Dr. B.R. Sarangi) Judge Ashok