Golak Bihari Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No. 4480 of 2012 Golak Bihari Das ....

Petitioner Mr.S.K.Nayak, Advocate -versusSuperintending Engineer & others ....

Opposite Parties Mr.P.C.Das, A.S.C..

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

16.02.2022 1.

1.

This matter is taken up through Hybrid arrangement (virtual/physical mode).

2.

None appears for the Petitioner. Heard Mr.P.C.Das, learned Additional Standing Counsel for the State.

3.

Perused the records.

4.

The writ application has been filed with the following prayer: "The Tribunal may direct the Respondent No.2 to release the gratuity of the applicant taking into consideration his entire period of service as N.M.R. Mate under Respondent No.3 and also work charged Mate with effect from 27.01.2011."

5.

The grievance of the Petitioner as found out from the writ application must have been redressed in the meanwhile as more than a decade has been elapsed in the meantime. In the event it is found that the grievance involved in the present writ application i.e. nonpayment of gratuity still subsists, in such eventuality, it is open for

// 2 // the Petitioner to make a fresh representation before the authority along with a certified copy of this order and in the event such a representation is made, the same shall be considered in accordance with law and shall be disposed of by a speaking and reasoned order. Decision so taken shall be communicated to the Petitioner within 10 days from the date of decision. The entire exercise shall be completed within a period of three months from the date of filling of such representation. Further, in the event it is found that the gratuity is payable to the Petitioner, the same shall be sanctioned and disbursed in his favour within one month from the date of disposal of the representation.

6.

With the aforesaid observation, the writ application stands disposed of.

7.

Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra) Judge