Disposed

Ch. Durgamadhav Prusty v. State of Odisha

Orissa HC22 Mar 2023WP(C)/5772/2023

Case brief

AI extract

What is this about?

The Court disposed of the writ petition at the admission stage. While declining to pass any opinion on merits, it directed the Government in the Water Resources department to consider the petitioner's pending representation within six weeks and, subject to clearances, disburse the withheld amount.

What did the court decide?

Consider representation within 6 weeks; pay DCRG within 4 weeks thereafter if no legal impediment.

Ch. Durgamadhav Prusty 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.5772 of 2023

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Ch. Durgamadhav Prusty

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…. Petitioner

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Mr. Biswabihari Mohanty, Advocate

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-versus-

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State of Odisha and others

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…. Opp. Parties

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Mr. Arnav Behera, ASC

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

22.03.2023

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 counsel for the State-Opposite Parties.

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The present writ petition has been filed by the Petitioner with the following prayers:-

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“Under the above circumstances, it is humbly prayed that this Hon’ble Court may graciously be pleased to issue a writ in appropriate nature directing the Opp. Parties more particularly Govt. in Water Resources department to release the withheld DCRG of Rs.58849/after proper Quantification made with due interest with the disbursement of all arrears forthwith or within a time to be stipulated by this Hon’ble Court.

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And pass any other order/orders as would be deemed fit and proper be issued.”

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It is submitted by learned counsel for the Petitioner that although

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the Petitioner has filed representation under Annexure-8 before the Opposite Party No.1, but the same is still pending before the said Opposite Party and the said Opposite Party has not taken any decision as of now.

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// 2 //

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Learned counsel for the State submits that he has no objection, if a direction is given to the authority concerned to consider the representation of the Petitioner in accordance with law within a stipulated period of time.

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Considering the submissions made by the respective parties and without expressing any opinion on the merits of the case, this Court disposes of the writ petition at the stage of admission with a direction to the Opposite Party No.1 to consider the representation of the Petitioner under Annexure-8 in accordance with law within a period of six weeks from the date of production of certified copy of this order. In the event it found by the Opposite Party No.1 that no proceeding is pending against the Petitioner, then the entire amount of DCRG as due and admissible be paid to the Petitioner within a period of four weeks thereafter, if there is no other legal impediment. It is needless to mention here that the representation of the Petitioner shall be considered and disposed of by passing a speaking and reasoned order. Any decision so taken on the said representation shall be communicated to the Petitioner within a period of two weeks thereafter.

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Urgent certified copy of this order be granted on proper application.

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( A.K. Mohapatra) Judge

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Debasis

Ch. Durgamadhav Prusty v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ch. Durgamadhav Prusty 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

Statutes considered

Parties & counsel

Coram

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