Dismissed

Chandan Jaiswal v. State of Odisha

Orissa HC19 Nov 2019WP(C)/23029/2018

Case brief

AI extract

What is this about?

In a writ petition regarding unremitted incentive for early completion of contract work, the High Court dismissed the petition, directing the petitioner to file a fresh comprehensive representation with necessary documents to the Chief Engineer for a reasoned decision within six weeks. If entitled, payment must be made within four weeks.

What did the court decide?

Directed petitioner to file fresh representation before Chief Engineer; authority to decide within six weeks and pay incentive within four weeks if due.

Chandan Jaiswal Vs State of Odisha — Service and Employment | Orissa HC (2019)

¶1

W.P.(C) No. 23029 of 2018

¶2

19.11.2019 Heard learned counsel for the petitioner as well as learned Addl. Government Advocate for the State-opposite parties and perused the record.

¶3

The case of the petitioner is that he had entered into an agreement on 15.07.2014 for carrying out certain contact work of the opposite parties. The said work was to be completed by 14.06.2015. There was a clause for incentive to be given for early completion of the work. It is contended that since he had completed the work on 24.02.2015, he would be entitled to the benefit of such incentive which has not been given to him.

¶4

In view of the facts and circumstance of the case, we are of the opinion that no useful purpose would be served by calling for the counter affidavit and keeping the writ petition pending.

¶5

Learned Addl. Government Advocate states that opposite party No.2-Chief Engineer (Plan Road), Bhubaneswar would be the competent authority to look into the grievance of the petitioner.

¶6

Considering the facts and circumstances of the case, we dispose of the writ petition with a direction that in case, with regard to the grievances made in this writ petition, the petitioner files a fresh comprehensive representation before the opposite party No.2The Chief Engineer along with certified copy of this order, the same shall be considered and decided in accordance with law, by a reasoned and speaking order, as expeditiously as possible but not later than six weeks from the date of filing of the same. It is further directed that in case the petitioner is found entitled to payment of any incentive, the same shall be paid to the petitioner within four weeks from the date of passing of the order.

¶7

-2-

¶8

With the aforesaid observation/direction, the writ petition stands dismissed. The connected Misc. Case/I.A., if any, is disposed of accordingly.

¶9

Certified copy of this order be granted on proper application.

¶10

.…….......……………… ( K.S. Jhaveri ) Chief Justice

¶11

…………………..……… (K.R. Mohapatra) Judge

¶12

SKJ

Chandan Jaiswal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Chandan Jaiswal v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sabita Pradhan Vs State

Nabin Chandra Sahu Vs State

Padman Rana Vs State of Orissa

Pramila Biswal Vs Sttae of Odisha

Pramod Kumar Mallik Vs State of Odisha

Saroj Kumar Khatoi Vs State of Odisha