Akhilendra Mohanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.32710 of 2022 Akhilendra Mohanty ....

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

Opp. Parties Mr. Arnav Behera, ASC

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

09.12.2022 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:- "Under the above circumstances, it is humbly prayed that the writ petition may be allowed;

And (A) a writ of mandamus or an appropriate writ may be issued commanding the opposite parties to release the unutilized leave salary of the petitioner and arrear salary for the duty period i.e. from January, 2013 to March, 2013 in his favour within a time to be stipulated by this Hon'ble Court;

(B) And any other order/orders or direction/directions may be issued so as to give complete relief to the petitioner." 4.

It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation before the Opposite Party No.3 under Annexure-6, but the same is still pending before the said Opposite Party and the said Opposite Party has not taken any decision

// 2 // 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 under Annexure-6 taking into consideration the Annexure-5 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