Disposed

Bijaya Kumar Sabat v. Secretary,Deptt. of Agriculture and Farmers Empowerment,Odisha

Orissa HC3 May 2023WP(C)/11960/2023

Case brief

AI extract

What is this about?

The Court disposed of the writ petition by directing the Department of Agriculture to consider the petitioner's pending representation within six weeks, issue a reasoned order, communicate the decision within two weeks, and sanction benefits if due.

What did the court decide?

Direction to respondent to consider representation within six weeks, pass reasoned order, communicate decision within two weeks, and sanction/disburse benefits if due.

Bijaya Kumar Sabat Vs Secretary,Deptt. of… — Pension and Retirement Benefits | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C). No.11960 of 2023

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Bijaya Kumar Sabat

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Petitioner

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Ms. Sandhyarani, Pani, Advocate

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-versus-

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Secretary to Government, Department of Agriculture and Farmers’ Empowerment, Government of Odisha and another

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…. Opposite Parties

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Mr. A. Behera, A.S.C.

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

03.05.2023

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the writ petition as well as documents annexed thereto.

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The present writ petition has been filed by the petitioner with the following prayers:

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“It is therefore, prayed that this Hon’ble Court may be graciously pleased to issue writ/writs, order/orders and direction/directions under Article 226 of the Constitution of India and more particularly to issue:-

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Writ of Mandamus directing O.P. No.1 to forward pension papers to Accountant General, Odisha for sanction of all retirement benefits as per Annexure-1 & 2 along with sanction of other retirement dues.

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// 2 //

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Direction directing opposite parties to pay interest at the rate of 7% per annum when pension and gratuity became due till date of actual payment.

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Direction directing opposite part O.P. No.1 to quash final order dated 03.04.2023 (Annexure3) withholding of 10% of monthly pension for a period of five years.

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Pass such other order/orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice;”

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It is submitted by learned counsel for the petitioner that although the petitioner has filed representation dated 13.12.2022 under Annexure-9 before the Secretary to Government, Department of Agriculture and Farmers’ Empowerment, Government of Odisha, Bhubaneswar-Opposite Party No.1, the same is still pending before the said Opposite party and the said Opposite Party has not taken any decision as of now.

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Learned counsel for the State, on the other hand, submits that he has no objection, if a direction is given to the Secretary to Government, Department of Agriculture and Farmers’ Empowerment, Government of Odisha, Bhubaneswar-Opposite Party No.1 to consider the representation of the petitioner in accordance with law within a stipulated period of time.

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Considering the submissions made, the limited nature of grievance involved in the present writ petition, keeping in view the case of the petitioner, this Court deems it proper to dispose of the writ petition at the stage of admission with a direction to the Secretary to Government, Department of Agriculture and Farmers’ Empowerment, Government of Odisha, Bhubaneswar-Opposite Party No.1 to consider the representation of the petitioner dated 03.12.2022

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// 3 //

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under Annexure-9 keeping in view under Annexure-3 in accordance with law within a period of six 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. Decision so taken on the said representation shall be communicated to the petitioner within a period of two weeks thereafter.

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It is further directed the Opposite Party No.1 that in the event it is found that the petitioner is entitled to get pensionary benefits as claimed under Annexure-3, the same shall be sanctioned and disbursed in favour of the petitioner within the aforesaid time.

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With the aforesaid observation/direction, the writ petition is
disposed of.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra )
Judge

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Jagabandhu

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JAGABAND Digitally signed by JAGABANDHU BEHERA
HU BEHERA Date: 2023.05.03 20:06:35 +05'30'

Bijaya Kumar Sabat v. Secretary,Deptt. of Agriculture and Farmers Empowerment,Odisha

Case brief

What is this about?

What did the court decide?

Bijaya Kumar Sabat v. Secretary,Deptt. of Agriculture and Farmers Empowerment,Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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