Bahadur Patasahani v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.34926 of 2022 Bahadur Patasahani ....
Petitioner Mr. P.K. Mohapatra, Advocate -versusState of Odisha & Others ....
Opp. Parties Mr. B.P. Tripathy, AGA
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
21.12.2022 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 aforesaid facts and circumstances, it is therefore, prayed that this Hon'ble Court may graciously be pleased to:- (i) direct the Opp. Parties to sanction the retirement benefits of the Petitioner i.e. Unutilized Leave Salary, Gratuity and other allowances and revised pay as per 7th Pay Commission w.e.f. 01.01.2016, as has been given to similarly situated persons vide Annexure-4 in terms of the Resolution dated 08.07.1982 and Letter dated 27.12.2018 and further direct the Opp. Party No.1 to take a decision on the proposal dated 28.09.2015 vide Annexure-13 for grant of pension as has been given to the employees of Talcher, Angul, Meramundali Development Authority, Angul;
(ii) pass such other order(s) / direction(s) as may be deemed fit and proper in the bona fide interest of justice."
4.
It is submitted by learned counsel for the Petitioner that although
// 2 // the Petitioner has filed representation before the Opposite Party No.1 under Annexure-14, 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.1 to consider the representation of the Petitioner under Annexure-14 taking into consideration the Annexures-5 & 13 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