Disposed

Hemanta Kumar Padhi v. State of Odisha

Orissa HC20 Nov 2023WP(C)/15323/2023

Case brief

AI extract

What is this about?

This judgment grants liberty to the petitioner to approach departmental authorities for RACP benefits with a deadline to file a representation, directing the authorities to respond within two months, and disposes of the Writ Petition without adjudicating the merits of the plea.

What did the court decide?

Liberty granted to approach the Opposite Party No.1 by filing a detailed representation within three weeks. The Opposite Party directed to pass a reasoned order within two months.

Hemanta Kumar Padhi Vs State of Odisha — 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.15323 of 2023

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Hemanta Kumar Padhi

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Petitioner

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Mr. S.Z. Hussain, Advocate

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-versus-

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State of Odisha & others

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…. Opposite Party Mr. P.C. Das, A.S.C.

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

20.11.2023

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

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Perused the report submitted by the Stamp Reporter.

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It appears that noting has been given by the Stamp Reporter that copy of the Annexure-2 has not been filed. However, on perusal of the writ application it appears that copy of the resolution dtd.06.02.2013 marked as Annexure-2 is available at page-32 of the writ application. In such view of the matter, noting of the Stamp Reporter be ignored.

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Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State-Opposite Parties. Perused the Writ Petition as well as the documents annexed thereto.

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The present Writ Petition has been filed by the Petitioner with the following prayer :

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“It is therefore prayed that, Your Lordships may graciously be pleased to admit this writ application and call for the records from the office of the Opposite Parties, issue notice to the Opposite Parties and upon hearing the parties may further be pleased:-

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i) To quash the order dtd.05.11.2018 passed by the Opp.Party No.1 under Annexure-5 & 6.

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ii) To quash the order dtd. 29.11.2018 passed by declaring the same be as illegal and in contravention to the

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// 2 //

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principle decided by this Hon’ble Court and further declaring that the petitioner is entitled to grade of pay Rs.5400/- and Rs.6600/- attached to the promotional post as their 2^nd . And 3^rd RACP benefit as extended to other similarly placed employees working as ASP (Additional Superintendent of Police) under the administrative control of the Opp. parties vide Annexure-6 series.

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iii) And/or to pass such other/ further order/ orders, direction/ directions as this Hon’ble Court may deem just, fit, equitable and proper in the facts and circumstances of the present case.”

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Keeping in view the fact that the Petitioner has not approached the Departmental Authorities for grant of RACP benefits in terms of resolution under Annexure-2 to the writ application, this Court deems it proper to dispose of the writ application at the stage of admission by granting liberty to approach the Opposite Party No.1 by filing a detailed representation along with all supporting documents within three week from today. In event, such a representation is filed, the Opposite Party No.1 shall do well to consider the same in terms of resolution dtd.06.02.2013 under Annexure-2 and dispose of the same by passing a speaking and reasoned order within a period of two months from the date of communication of a certified copy of this order. The order so taken be communicated to the Petitioner within two weeks thereafter.

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With the aforesaid observations/ directions, the writ application stands disposed of.

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Issue urgent certified copy of this order as per Rules.

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( A.K. Mohapatra ) Judge

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Anil

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Signature Not Verified

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Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 22-Nov-2023 18:48:18

Hemanta Kumar Padhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Hemanta Kumar Padhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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