Hrudananda Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No. 4199 of 2013 Hrudananda Naik ....

Petitioner Mr. Sameer Ku. Das, Advocate -versusState of Odisha & others ....

Opp. Parties Mr. T.K. Praharaj, Standing Counsel

CORAM:

JUSTICE M.S. SAHOO Order No.

ORDER

05.05.2022 03.

1.

This matter is taken up through hybrid mode.

RJ 2.

In the counter filed by opposite parties 2 and 3 dated 26.10.2018 before the learned Tribunal at paragraph-3 to 6, the following has been stated :- "3. That in reply to para 6(4), it is submitted that the applicant's resignation was accepted on 21.11.2013. As per the Govt. order (placed as Annexure-4 of the applicant) Rs.1,00,000/- was to be deposited by the candidate and instead of that an amount of Rs.27,110/- has been paid by him in excess.

4. That in reply to para 6(5) to 6(7) it is submitted that the candidate paid Rs.1,27,000/- (Rupees one lakh twenty seven thousands one hundred ten) only instead Rs,1,00,000/-(Rupees one lakh) only, The excess amount was not taken intentionally but due to wrong calculation.

5.

That in reply to para 6(8) it is submitted that later on, an amount of Rs.1,00,000/- was recovered from each who resigned from service. 6.

That in reply to para 6(9) it is submitted that had the applicant put his grievance before the authority then, the matter would have been subsided then & there. However, the excess amount of Rs. 27,110/- will be refunded to him."

3. It is submitted by the learned counsel for the

// 2 // petitioner that in terms of paragraph-6, the amount of Rs.27,110/- is to be refunded.

4.

In view of the submissions made at the bar, the writ petition is disposed of observing that the amount of Rs. 27,110/- is to be refunded forthwith, if not refunded in the meantime. Since the matter is pending from 2013, expeditious steps are to be taken by the authority on production of certified copy of this order.

5.

Issue urgent certified copy as per rules.

6.

Copy of this order be uploaded.

(M.S. Sahoo) Judge