Disposed

Bijaya Kumar Das v. State of Odisha

Orissa HC30 Oct 2023WP(C)/32869/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking regularization of service and pension benefits. The court directed the respondent to consider a pending representation within eight weeks and pass a reasoned order, communicating the decision within two weeks of communication.

What did the court decide?

Direction to the Respondent to consider the pending representation of the Petitioner and communicate the decision within the stipulated timeline.

Bijaya Kumar Das 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.32869 of 2023

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Bijaya Kumar Das

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…. Petitioner Mr.S.B.Jena, Advocate

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-versus-

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State of Odisha and others

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…. Opposite Parties Mr.P.K.Muduli, A.G.A.

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

30.10.2023

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

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Heard learned counsel for the Petitioner, learned Additional Government Advocate.

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

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“ Under the aforesaid facts and circumstances of the case, it is therefore, prayed that this Hon’ble Court may graciously be pleased to issue a writ of mandamus by directing the Opp.Parties to regularize service of Petitioner under regular establishment w.e.f. date of initial appointment and make him eligible for pension and other pensionary benefit by counting his past service rendered in NMR as well as work charged establishment forthwith as has been granted to other similar footing persons.

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Or pass such other order/orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

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// 2 //

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In course of hearing of the writ application, learned counsel for the Petitioner submits that the Petitioner ventilating his grievance has submitted representation before the Secretary, Panchayati Raj and Drinking Water Department, Opposite Party No.1 under Annexure-7. It is also submitted by the learned counsel for the Petitioner that the said representation is pending as of now. It is also submitted by the learned counsel for the Petitioner that a direction be issued to the Opposite Party No.1 to consider the representation of the Petitioner under Annexure-7 within a stipulated period of time.

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Learned Additional Government Advocate submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.1, which is stated to be pending, 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.1 to consider the representation of the Petitioner under Annexure-7 in accordance with law, taking into consideration Annexure-8, within a period of eight weeks from the

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date of production of certified copy of this order. The Opposite Party No.1 shall do well to dispose of the representation of the Petitioner under Annexure-7 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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Issue urgent certified copy of this order as per Rules.

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RKS

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( A.K. Mohapatra ) Judge

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// 3 //

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Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 02-Nov-2023 13:00:20

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Signature Not Verified

Bijaya Kumar Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bijaya Kumar Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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