Disposed

Ratnakar Neti v. Supdt. of Police, Sundargarh

Orissa HC27 Mar 2023WP(C)/7888/2023

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a writ petition seeking remedy regarding the delayed processing of a representation for pension benefits of the petitioner's deceased son. The Court directed the Superintendent of Police to consider the pending representation within six weeks.

What did the court decide?

Direction to the Superintendent of Police to consider the pending representation within six weeks and to pass a reasoned order.

Ratnakar Neti Vs Supdt. of Police, Sundargarh — 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.7888 of 2023

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Ratnakar Neti …. Petitioner

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Mr.Sarojakanta Mandal, Advocate

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-versus-

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Superintendent of Police, Sundargarh and others

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…. Opposite Parties

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Mr.A.Behera, A.S.C.

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

27.03.2023

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 Additional Standing Counsel.

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

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“ It is therefore, prayed that this Hon’ble Court may graciously be pleased to admit the wit application and issue Rule Nisi calling upon the Opp.Parties to file show cause as to why 50% of the service benefit and proportionate pension of deceased son of the Petitioner who had worked as Constable at Reserve Police Line at Sankara in the district of Sundargarh not to be released in favour of the Petitioner and wife of the Petitioner at an early date for their survival, if the Opp.Parties fails to show cause or shown insufficient cause this Hon’ble Court further being pleased to issue Rule Nisi calling upon the Opp.Paty No.1 to4 to show cause as to why the representation on dtd.15.12.2022 under Annexure-7 shall not be considered and communicate the result of the representation/decision by them within a stipulated period as fixed by this Hon’ble Court or may pass such other order/orders, direction/directions as this Hon’ble Court may deem just and proper keeping in view of the facts and circumstances justify.”

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In course of hearing of the writ application, learned counsel for

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// 2 //

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the Petitioner submits that the Petitioner ventilating his grievance has submitted representation before the Superintendent of Police, Sundargarh, Opposite Party No.1 under Annexure-7 on 15.12.2022. 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.1 to consider the representation of the Petitioner under Annexure-7 within a stipulated period of time.

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Learned Additional Standing Counsel 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 within a period of six weeks from the 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.

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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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( A.K. Mohapatra ) Judge

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RKS

Ratnakar Neti v. Supdt. of Police, Sundargarh

Case brief

What is this about?

What did the court decide?

Ratnakar Neti v. Supdt. of Police, Sundargarh

Case brief

What is this about?

What did the court decide?

What the court decided

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