Allowed

Anama Charan Mallik v. State of Odisha

Orissa HC22 Feb 2023WP(C)/4123/2023

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What is this about?

In a PIL regarding unpaid subsistence allowance, the Court directed the Opposite Parties to implement the interim order of the Cooperative Tribunal within four weeks of producing a certified copy of this judgment.

What did the court decide?

The Opposite Parties are directed to implement the interim order of the Cooperative Tribunal dated 29.12.2020 regarding payment of subsistence allowance within four weeks.

Anama Charan Mallik Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.4123 of 2023

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Anama Charan Mallik

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

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-versus-

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State of Odisha and others

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…. Opp. Parties Mr. N.K. Praharaj, AGA

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

22.02.2023

Order No.

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

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Heard learned counsel appearing for the Petitioner and learned Additional Government Advocate appearing for the StateOpposite 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 prayers:-

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“The petitioner humbly prays that this Hon’ble Court may be graciously be pleased to admit this writ application and issue notice to the Opp. Parties and be pleased to direct the Opp. Parties to pay/release the appropriate subsistence allowance accrued to the petitioner within a specified period fix up by this Hon’ble Court.”

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It is submitted by the learned counsel for the Petitioner that the Petitioner, who was working as Chief Executive of the Chhagaon SCS (PACS) Ltd., was placed under suspension. The

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// 2 //

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aforesaid noted PACS is under the administrative control of Cuttack Central Cooperative Bank Limited. It is further submitted by the learned counsel for the Petitioner that that challenging the suspension, the Petitioner had earlier approached the Cooperative Tribunal, Odisha, Bhubaneswar and by virtue of order passed by the Cooperative Tribunal dated 29.12.2020 under Annexure-2, learned Presiding Officer of the Cooperative Tribunal, Odisha, Bhubaneswar has passed an interim order by directing the Opposite Party No.1 to release the subsistence allowance of the Petitioner forthwith from December, 2020 onwards within 7 days of each succeeding months and the arrear subsistence allowance be paid in four quarterly instalments. It is further contended by the learned counsel for the Petitioner that despite such direction by the Cooperative Tribunal, the Opposite Parties have not yet paid the subsistence allowance.

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In such view of the matter, the Opposite Parties are directed to implement the interim order passed by the Cooperative Tribunal, Odisha, Bhubaneswar vide order dated 29.12.2020 in Case No. S.D. 30 of 2017 within a period of four weeks from the date of production of certified copy of this order, if the same has not been paid in the meantime.

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With the aforesaid observation and direction, this writ petition is disposed of.

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( A.K. Mohapatra) Judge

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Debasis

Anama Charan Mallik v. State of Odisha

Case brief

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Anama Charan Mallik v. State of Odisha

Case brief

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