Disposed

Krutibas Pattanayak v. State of Odisha

Orissa HC5 Dec 2023WP(C)/20107/2020

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of W.P.(C) No.20107 of 2020 after the petitioner filed an interlocutory application seeking to modify the petition's prayer. The court directed the respondent to decide on salary release based on a letter dated 27.04.2023 within six weeks and communicate the decision within two weeks thereafter.

What did the court decide?

Directed Opposite Party No.3 to take a decision on salary release based on the letter dated 27.04.2023 within six weeks and communicate the decision within two weeks thereafter; Writ Petition disposed

Krutibas Pattanayak Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.20107 of 2020

¶2

Krutibas Pattanayak

¶3

…. Petitioner Mr.L.K.Mohanty, Advocate

¶4

-versus-

¶5

State of Orissa and others

¶6

…. Opp.Parties

¶7

Mr.Nikhil Pratap, A.S.C.

¶8

CORAM:

¶9

JUSTICE A.K. MOHAPATRA

ORDER

Order No.

I.A.NO.10056 OF 2023

¶14

05.12.2023

¶15

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

¶16

Heard learned counsel for the Petitioner as well as the learned Additional Standing Counsel for the State.

¶17

The present Writ Petition has been filed with the following

¶18

prayer :

¶19

“ It is, therefore, prayed that this Hon’ble Court may graciously be pleased to issue notice to Opp.Parties calling upon them to file show cause as to why the order dated 24.07.2020 under Annexure-20 shall not be modified to the extent to treat the period from 10.01.2018 to 28.02.2019 as ‘duty’ instead of “Leave without pay” and after hearing he parties, be pleased to direct the Opp.Parties to treat the period from 10.01.2018 to 28.02.2019 of 415 days as ‘ duty’ instead of leave without pay by modifying the order dated 24.07.2020 under Annexure-20. A further direction be issued to Opp.Parties to release the salary and other service benefits of the Petitioner after treating the said period from 10.01.2018 to 28.02.2019 as duty;

¶20

And pass any other order/orders or direction/directions as this Hon’ble Court may deem

¶21

// 2 //

¶22

just and proper;”

¶23

During pendency of the Writ Petition, learned counsel for the Petitioner has filed the aforesaid Interlocutory Application attaching thereto a letter dated 27.04.2023 under Annexure-1 to the Interlocutory Application. On the basis of the aforesaid letter, learned counsel for the Petitioner submitted that the Opposite Party No.4 has recommended the case of the Petitioner to Opposite Party No.3 regarding release of salary for the period from 06.12.2017 and from 11.01.2018 to 28.02.2019. In such view of the matter, learned counsel for the Petitioner submitted that he does not want to press the main prayer in the Writ Petition. Further, prayer was made to dispose of the Writ Petition with a direction to Opposite Party No.3 to take a decision pursuant to letter dated 27.04.2023 under Annexure-1 to the Interlocutory Application.

¶24

Leaned Additional Standing Counsel contended that he has no objection to such prayer of the Petitioner.

¶25

Accordingly, the present Writ Petition is disposed of by directing the Opposite Party No.3 to take a decision pursuant to letter dated 27.04.2023 written by Opposite Party No.4 within a period of six weeks from the date of communication of certified copy of this order and the decision taken be communicated to the Petitioner within two weeks thereafter.

¶26

With the aforesaid direction the Writ Petition is disposed of.

¶27

Issue urgent certified copy of this order as per Rules.

¶28

( A.K. Mohapatra ) Judge

¶29

RKS

¶30

// 3 //

¶31

Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 09-Dec-2023 15:18:15

¶32

Signature Not Verified

Krutibas Pattanayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Krutibas Pattanayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ram Chandra Karjee Vs Union of India

Binayak Bahinipati Vs State of Odisha

Bibhudutta Satapathy Vs Secretary to Govt Water Resources Dept.

Manoj Kumar Behera Vs State of Orissa

Srinibas Purohit Vs State of Odisha

Muktikanta Tripathy Vs State of Odisha