Disposed

Nirmala Kumar Dash v. State of Orissa

Orissa HC21 Apr 2023WP(C)/7208/2023

Case brief

AI extract

What is this about?

In this writ petition, the High Court of Orissa disposed of the matter directing the competent authority to consider the petitioner's case applying the decision in Ashok Kumar Mohapatra v. State of Orissa within two months, dispensing with personal appearance upon counsel's agreement.

What did the court decide?

Direction to competent authority to dispose of petitioner's case applying Ashok Kumar Mohapatra decision within two months.

Nirmala Kumar Dash Vs State of Orissa — 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.7208 of 2023

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Nirmala Kumar Dash

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Petitioner

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Mr. B. Behera, Advocate

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-versus-

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State of Odisha & Ors.

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Opposite Parties

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Mr. S.K. Samal, AGA

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CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

21.04.2023

Order No

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

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2. Pursuant to the notice issued by this Court in terms of the order dtd.28.03.2023, Sri Nirmala Kumar Dash, Petitioner appeared in Person before this Court and files an affidavit. The same be kept in record. In the affidavit it is indicated that the Petitioner has never given his consent to withdraw the writ petition.

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3. In view of the same, the personal appearance of the Petitioner is dispensed with.

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4. Heard Mr. B. Behera, learned counsel for the Petitioner and Mr. S.K. Samal, learned AGA appearing for the Opp. Parties.

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5. Learned counsel for both the parties agreed that the issue involved in this writ petition is analogues to one involved in O.A. No. 1668 of 2017 (Ashok Kumar Mohapatra v. State of Orissa) , which was disposed of by the Odisha Administrative Tribunal vide judgment dated 09.10.2018 and confirmed by this Court in WP(C)

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// 2 //

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No. 6698 of 2020 and further confirmed by the apex Court in SLP(C) No. 15573 of 2020.

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6. In view of the above and considering the limited prayer to consider the case of the petitioner in the light of the judgment rendered in Ashok Kumar Mohapatra (supra) , this writ petition stands disposed of directing the competent authority to dispose of the case of the petitioner applying the decision rendered in the case of Ashok Kumar Mohapatra (supra) by undertaking the entire exercise within a period of two months from the date of communication of the order.

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7. Petitioner is directed to serve an extra copy of the brief on learned State Counsel for School & Mass Education Department for communication purpose.

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(Biraja Prasanna Satapathy)
Judge
Sneha

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Nirmala Kumar Dash v. State of Orissa

Case brief

What is this about?

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Nirmala Kumar Dash v. State of Orissa

Case brief

What is this about?

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