Allowed

Benudhar Pasayat v. the Secy., Revenue Dept., Bbsr

Orissa HC12 Jun 2023WP(C)/16610/2023

Case brief

AI extract

What is this about?

Petitioner challenged non-implementation of a Claim Commission order granting employment in lieu of family pension. The single judge dismissed the petition with directions to the employer to consider the claim within three months and pass a reasoned order.

What did the court decide?

Consideration of claim order dated 13.02.2019 within three months; reasoned order to be passed and communicated within two weeks.

Benudhar Pasayat Vs the Secy., Revenue Dept… — 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.16610 of 2023

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Benudhar Passayat

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…. Petitioner

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Mr.Digambar Sethi, Advocate

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-versus-

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…. The Secretary, Revenue Department, Bhubaneswar and others

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Opposite Parties

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Mr.G.N.Rout, A.S.C.

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

12.06.2023

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 Additional Standing Counsel for the State. Perused the Writ Petition as well as the documents annexed thereto.

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The Petitioner has filed the present writ application with the following prayer:

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“ Under the circumstances, the Petitioner most humbly prays that this Hon’ble Court may be graciously pleased to allow this writ application and issue writ in the nature of Mandamus commanding the Opp.Party No.3 to consider the order dated 13.02.2019 passed by the Hon’ble Claim commission under Annexure-1 by providing employment under category-1 in lieu of M.C. of his grandfather Chakradhar Passayat

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And further be pleased to pass any other order(s) as deemed fit and proper in the circumstances of the case.”

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In course of hearing of the writ application, learned counsel for

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the Petitioner submits that the Claim Commission by his order dated

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13.02.2009 in Civil Case No.1541 of 2015 directed to provide

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// 2 //

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employment under category I in lieu of M.C. of his grandfather Chakradhar Passayat as the said Chakradhar Passayat has not received M.C. till his death. It is also submitted by the learned counsel for the Petitioner that the said order of the Claim Commission has not been carried out as of now. It is also submitted by the learned counsel for the Petitioner that a direction be issued to the General Manager, MCL, Opp.Party No.3 to consider the order of the Claim Commission dated 13.02.2019 by providing employment to the Petitioner.

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Learned Additional Standing Counsel submits that he has no objection if the order of the Claim Commission is carried out by the General Manager, MCL Opposite Party No.3, which is stated to be not complied, in accordance with law within a stipulated period of time.

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Considering the limited nature of grievance of the Petitioner, the writ application is disposed of at the stage of admission with a direction to the Opposite Party No.3 to consider the order dated 13.02.2019 passed by the Claim commission by providing employment under category-I in lieu of M.C. of his grandfather within a period of three months from the date of production of certified copy of this order. The Opposite Party No.3 shall do well to comply with the order of the Claim Commission by passing a speaking and reasoned order. The decision so taken on the representation of the Petitioner be communicated to the Petitioner within two weeks thereafter.

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With the aforesaid observation, the writ application stands disposed of.

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RKS

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( A.K. Mohapatra ) Judge

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// 3 //

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Signature Not Verified

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Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: Ex-A.R.-cum-Sr. Secretary Reason: Authentication Location: High Court of Orisssa Date: 19-Jun-2023 14:15:21

Benudhar Pasayat v. the Secy., Revenue Dept., Bbsr

Case brief

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Benudhar Pasayat v. the Secy., Revenue Dept., Bbsr

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