Disposed

Bipin Bihari Samal v. State of Odisha

Orissa HC23 Feb 2023WP(C)/4342/2023

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What is this about?

The High Court of Orissa disposed of a writ application seeking a direction to count the petitioner's past service for pension benefits. A direction was issued to the Director, Survey & Map Publication, Orissa, to consider the pending representation within eight weeks.

What did the court decide?

Direction to Opposite Party No.2 to consider the pending representation within eight weeks and pass a speaking and reasoned order.

Bipin Bihari Samal 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.4342 of 2023

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Bipin Bihari Samal …. Petitioner Mr.R.C.Swain, Advocate

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-versus-

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State of Odisha and others

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…. Opposite Parties Mr.Saswat Das,A.G.A. Mr.S.K.Patra, Advocate for O.P.No.3

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

23.02.2023

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

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Heard learned counsel for the Petitioner as well as the learned Additional Government Advocate and Mr.S.K.Patra, learned counsel appearing for Opposite Party No.3.

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

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“ It is humbly prayed therefore that this Hon’ble Court may graciously be pleased to admit the Writ Application and issue a writ in the nature of mandamus or any other writ directing the Opposite Parties to count his past service as qualifying service for the purpose of pension and other retirement benefits and grant of pensionary benefits accordingly.

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And pass any other order which will be deemed fit and proper the ends of justice.”

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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 Director, Survey & Map Publication, Orissa, Opposite Party No.2 under Annexure-5 on

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// 2 //

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12.10.2022. 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.2 to consider the representation of the Petitioner under Annexure-5 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.2, 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.2 to consider the representation of the Petitioner under Annexure-5 in accordance with law taking into consideration Annexure-4 within a period of eight weeks from the date of production of certified copy of this order. The Opposite Party No.2 shall do well to dispose of the representation of the Petitioner under Annexure-5 by passing a speaking and reasoned order.

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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

Bipin Bihari Samal v. State of Odisha

Case brief

What is this about?

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Bipin Bihari Samal v. State of Odisha

Case brief

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