Pabitra Mohan Ray v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

[ W.P.(C) No.32756 of 2022 Pabitra Mohan Ray ....

Petitioner Mr. J.K. Khuntia, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. P.K. Rout, AGA

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

05.12.2022 01.

1.

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

2.

Heard learned counsel for the Petitioner as well as learned Additional Government Advocate appearing for the State-Opposite Parties.

3.

The present writ petition has been filed by the Petitioner with the following prayers:- "It is therefore prayed that this Hon'ble Court may graciously be pleased to admit this writ application, call for the records, issue notice to the opp. parties and on hearing issue writ of mandamus directing the opp. parties to take immediate steps to release full pension, gratuity and all other financial benefits to the petitioner with 12% interest within a time stipulated by the Hon'ble Court.

And pass any other order/orders would be deem fit and proper as facts and circumstances of the case."

4.

It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation dated 07.09.2022

// 2 // before the Opposite Party No.4 under Annexure-5, 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-Opposite Parties 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.4 to consider the representation of the Petitioner dated 07.09.2022 under 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