Disposed

Shaikh Zogi Ahemad v. Union of India and Ors.

Orissa HC13 Oct 2023WP(C)/9066/2010

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a writ petition seeking reinstatement for a physically invalided petitioner. The Court directed respondents to consider the petitioner's case for pensionary benefits under a specific government order within three months and, if entitled, disburse the amount within eight weeks.

What did the court decide?

Directed respondents to consider petitioner's case for pensionary benefits under Annexure-4 within 3 months; if entitled, to disburse within 8 weeks.

Shaikh Zogi Ahemad Vs Union of India and Ors. — 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.9066 of 2010

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Shaikh Zogi Ahemad …. Petitioner Mr. P.K. Dhal, Advocate

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-versus-

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Union of India & others

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…. Opposite Parties Mr. P.K. Parhi, D.S.G.I. along with Ms. J. Sahoo, C.G.C.

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

13.10.2023

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 Central Government Counsel for the Union-Opposite Parties. Perused the Writ Petition as well as the documents annexed thereto.

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This writ application was filed in the year 2010 by the Petitioner with a prayer to reinstate the Petitioner in service with all service benefits such as annual increments, promotion, un-utilized leave salary etc. and by holding that the Petitioner is deemed to have been continued in service with effect from 17.02.2010 till the date of his retirement.

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Learned counsel for the Petitioner further contended that the Petitioner has been physically invalided by the Opposite Parties. Therefore, it was no more possible to reinstate the Petitioner in service. Learned counsel for the Petitioner further drawing attention of this Court to the office order under Annexure-4 to the writ application issued by the Office of the Inspector General of Police, Bihar Sector

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// 2 //

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CRPF Patna submitted before this Court that such office order provides for grant of certain benefits in case of injury sustained by the CRPF Personnel while discharging his service. The aforesaid order dated August, 2006 indicates the name of the Petitioner at Serial No.4 of Clause-B of point No.2. In such view of the matter, learned counsel for the Petitioner submitted before this Court that the writ application can be disposed of by directing the Opposite Parties to consider the grant benefits as is due and admissible to the Petitioner under Annexure-4 to the writ application.

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Learned Central Government Counsel, on the other hand contended that the matter has become infructuous with the passage of time, however, in the event this Court directs the Opposite Parties to consider the case of the Petitioner in the light of Annexure-4 then he will have no objection to the same.

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Considering the submission made by the learned counsels appearing for the respective parties and on a careful examination of the background facts as well as the materials on record, this Court is of the considered view that no effect relief can be granted as per the Petitioner has been physically invalided by the authority. Therefore, the writ application is being disposed of by directing the Opposite Parties to consider the case of the Petitioner for grant of pensionary benefits pursuant to Annexure-4 to the writ application within a period of three months from the date of communication of a certified copy of this order. The decision so taken be also communicated to the Petitioner within two weeks from the date of taking such a decision. In the event, the Opposite Parties come to a conclusion that the Petitioner is entitled to some monetary/ pensionary benefits under Annexure-4, then the same shall be calculated, sanctioned and disbursed in favour of the Petitioner within eight weeks from the date of taking such a decision.

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// 3 //

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With the aforesaid observations/ directions, 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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Anil

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Signature Not Verified

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Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 25-Oct-2023 16:01:46

Shaikh Zogi Ahemad v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

Shaikh Zogi Ahemad v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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