Petitioner sought release of pending T.A. bills. High Court held petition premature but directed respondent to consider claim and release dues within two months.
Directed O.P.No.3 to consider petitioner's claim and release dues within two months.
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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.41021 OF 2021
Sakhimani Baral
Petitioner(s) Mr.R.Swain, Advocate
-versus-
State of Odisha & Ors.
…. Opposite Party(s) Mr.R.P.Mohapatra, AGA
CORAM: JUSTICE BISWANATH RATH
ORDER
07.03.2022
Order No.
1.
Heard learned counsel appearing for the Parties.
2. This writ petition involves following prayer.
“It is therefore prayed that this Hon’ble Court may graciously
be pleased to admit this writ application, issue notice to the Opp. Parties and after hearing from the parties issue a writ in the nature of mandamus or any form of writ and direct the Opp. Parties to release the dues of the petitioner under Annexure-3 series.
And issue any other order/orders, direction/directions, writ/writs as this Hon’ble Court deem fit and proper for giving complete justice to the petitioner.
And for this act of kindness the petitioners shall as in duty bound, ever pray.”
3. Considering request of the petitioner in the matter of release of T.A. Bill pending since 13.02.2017 and also taking into development of the claim of the petitioner being forwarded by Competent Authority
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// 2 //
as clearly borne from page-11 of the brief since July 2017, finding no working of such request, petitioner as appears submitted fresh request by way of Advocate notice on 12.03.2022. It is alleged that in spite of such endeavor, there is no improvement on the same.
4. Considering the request stated to have been pending before the Competent Authority this Court finds the writ petition is premature except to be disposed of with a direction to O.P.No.3 to look into the grievance of the petitioner pending with it and consider the release of disputed claim, if any, same may be released by working out within a period of two months from the date of communication of certified copy of this order by the petitioner.
(Biswanath Rath)
Judge
S.P. Dash
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1 issue framed by the court
Whether to entertain a writ petition for release of unclaimed travel allowance bills pending with the competent authority.
Sakhimani Baral
State of Odisha
BISWANATH RATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
