Anupama Rout v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.31491 of 2022 Smt. Anupama Rout ....

Petitioner Mr. P.K. Mohapatra, Advocate -versusState of Odisha & Others ....

Opp. Parties Mr. T.K. Pattnaik, ASC

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

28.11.2022 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-Opposite Parties.

3.

The present writ petition has been filed by the Petitioner with the following prayers:

"It is, therefore, prayed before the Hon'ble Court to allow the Petition;

(i) Further be pleased to issue Writ of Mandamus or any other appropriate Writ(s)/direction(s)/order(s) to direct the O.P.

No.2, the C.M.C.

Cuttack to finalize/sanction family Pension in favour of the Petitioner and GPF, Un-utilised Leave Salary and other retirement benefits etc. of late Sushanta Kumar Rout after regularization of his service on completion of 5 years, when he was brought over to Work-Charged Establishment i.e. dt. 17.11.2012 in view of Circulars and Judgments stated above;

(ii) Further be pleased to pass any other order(s)/direction(s) as deems fit and proper in the facts and circumstances of the case."

4.

It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation dated 14.03.2022

// 2 // before the Opposite Party No.3 under Annexure-10, but the same is still pending before the said Opposite party and the said Opposite Party has not taken any decision as of now.

5.

Learned counsel for the State submits that he has no objection, if a direction is given to the authority concerned to consider the representation of the Petitioner in accordance with law within a stipulated period of time.

6.

Considering the submissions made by the respective parties and without expressing any opinion on the merits of the case, this Court disposes of the writ petition at the stage of admission with a direction to the Opposite Party No.3 to consider the representation of the Petitioner dated 14.03.2022 under Annexure-10 taking into consideration the order dated 13.09.2022 passed by this Court in W.P.(C) No.5839 of 2020 (State of Odisha & Ors. v. Rabi Padhiary) and order dated 28.09.2022 passed by this Court in W.P.(C) No.22808 of 2022 (Bijaya Kumar Rana v. State of Odisha & Another) 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.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Debasis