Remanded

Ashok Kumar Mishra v. State of Odisha

Orissa HC4 Oct 2021WP(C)/17837/2021

Case brief

AI extract

What is this about?

The Court remitted the petitioner's case to respondents to consider the benefit granted to similarly situated persons pursuant to other pending/decided writ petitions and superseded orders, directing arrear calculation if the claim is approved within six weeks.

What did the court decide?

Petitioner's case remitted to State for fresh consideration and grant of arrears if claim approved within six weeks.

Ashok Kumar Mishra Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.17837 Of 2021

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Ashok Kumar Mishra

…. Petitioner

Mr. D.K. Mohapatra,

Advocate

-versus-

State of Odisha & Ors.

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…. Opposite Parties

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Mr. D. Mohapatra, Standing Counsel

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CORAM: JUSTICE BISWANATH RATH

ORDER

4.10.2021

Order No.

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.

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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.

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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.

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4. With the aforesaid direction the writ petition stands disposed

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of.

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(Biswanath Rath)

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Judge

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sisir

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Ashok Kumar Mishra v. State of Odisha

Case brief

What is this about?

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Ashok Kumar Mishra v. State of Odisha

Case brief

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