Ashok Kumar Malla v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No.1909 of 2012 Ashok Kumar Malla ....

Petitioner None -versuss State of Odisha and others ....

Opposite Parties Mr.P.C. Das, ASC for State

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

18.02.2022 01.

1.

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

2.

None appears for the Petitioner when the matter is called. Heard learned counsel for the State. Perused the record. 3.

The present writ petition has been filed by the Petitioner with a prayer to quash the order dated 22.6.2012 under Annexure-7 issued by the Opposite Party No.4 and further a prayer has been made for a direction to Opposite Party No.4 to dispose of the application dated 11.10.2010, pending before the said Authority. It has also prayed for a direction to the Opposite Party No.4 to disburse the arrear salary, pension and other benefits to the Petitioner and implement the order dated 22.6.2012.

4.

On verification of records, it is found that the Original Application has been filed by the Petitioner in the year 2012. At that time, Petitioner was aged about 60 years. The O.A. was filed by a

// 2 // retired government employee, who was occupying the government quarter and has challenged the order under Annexure-7, by which, he has been asked by the Authority to vacate the quarter located at KVK Road, which has been unauthorizedly occupied by the Petitioner. 5.

Mr.P.C. Das, learned State Counsel submits that the Petitioner must have vacated the quarter in the meanwhile. He further submits that by now, the Petitioner must have paid his retiral and pensionary benefits and as such, the matter has become infructuous. 6.

In such view of the matter, the writ petition stands disposed of as infructuous. However, liberty is granted to the Petitioner to approach the Authority by filing a fresh representation in the event retiral dues have not been paid till now. In such event, the Authority shall consider the representation of the Petitioner in accordance with law and dispose of the same by passing a speaking and reasoned order within a period of four weeks from the date of presentation of the representation. If it is found that there is some amount due and payable to the Petitioner, the same be paid to the Petitioner within the aforesaid period along with interest for the delayed payment, if the same is applicable to the facts of the present case. 7.

With the above direction, the writ petition stands disposed of. 8.

Issue urgent certified copy as per rules.

UKSahoo ( A.K. Mohapatra ) Judge