Court remits matter to State for reconsideration of Petitioner's case in light of superseded circular and benefit extended to similar persons in related disputes.
Remitted to Opposite Party Nos.1 & 3 to consider Petitioner's case and grant arrears if eligible.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.17836 Of 2021
Parsukanta Jena
…. Petitioner
Mr. D.K. Mohapatra,
Advocate
-versus-
State of Odisha & Ors.
…. Opposite Parties
Mr. D. Mohapatra, Standing Counsel
CORAM: JUSTICE BISWANATH RATH
ORDER
4.10.2021
Order No.
3.
1. Undisputed fact remains, being aggrieved with the order dated 9.10.2018 passed by the Tribunal in O.A. No.1668 of 2017 involving similar nature of disputes, the State had moved the Writ Petition bearing No.6698 of 2020 to this Court, which appears to have been disposed of on contest by the Division Bench on 13.03.2020. Pursuant to which, it appears, the State also moved a petition bearing SLP (C) No.15573 of 2020 before the Hon’ble apex Court. This SLP has also been dismissed on 4.01.2021, thereby confirming the view taken by the Tribunal in O.A. No.1668 of 2017.
2. There is also no dispute that similar nature of dispute has also been decided by this Court in W.P.(C) No.16032 of 2021, where this Court has already recorded regarding withdrawal of the circular taking away the benefit already granted in favour of the
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similarly situated persons. Considering that similar nature of dispute has already been decided in the meantime and further taking into consideration that similar benefit has already been extended to the similarly situated persons by issuing letter bearing No.8367 dated 13.04.2021, this Court while setting aside the impugned order, remits the matter to the Opposite Party Nos.1 & 3 to consider the case of the Petitioner examining the application of the settled position through O.A. No.1668 of 2017, W.P.(C) No.6698 of 2020, W.P.(C) No.439 of 2020 and SLP (C) No.15573 of 2020. In the event the Petitioner’s case is considered favorably, then he/she shall also be entitled to arrear on account of the same, if any.
3. The entire exercise shall be completed within a period of six weeks from the date of communication of a copy of this order along with a copy of the orders passed in O.A. No.1668 of 2017, W.P.(C) No.6698 of 2020, W.P.(C) No.439 of 2020 and SLP (C) No.15573 of 2020, by the Petitioner.
4. With the aforesaid direction the writ petition stands disposed
of.
(Biswanath Rath)
Judge
sisir
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1 issue framed by the court
Whether the petitioner is entitled to the same benefit withdrawn in earlier orders but later restored for similarly situated persons.
Parsukanta Jena
State of Odisha & Ors.
Biswanath Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
