Allowed

Santosini Mishra v. O.H.P.C and Ors.

Orissa HC10 Jul 2024WP(C)/22850/2011

Case brief

AI extract

What is this about?

In an interim application, the High Court of Orissa allowed the release of Rs. 1.50 lakh deposited by the petitioner, following the dismissal of the writ petition without restoration, as sought by the employer to credit the funds to their account.

What did the court decide?

Direction to the Registry to release Rs. 1,50,000 deposited by the petitioner in favour of the Opposite Parties and credit it to their Union Bank account.

Santosini Mishra Vs O.H.P.C and Ors. — Pension and Retirement Benefits | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.22850 of 2011

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Santosini Mishra ..... Petitioner

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Mr. H. Pr. Rath, Advocate

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-versus-

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..... Orissa Hydro Power Opposite Parties Corporation Ltd & Ors. Mr. B. K. Nayak, Advocate

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CORAM:

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THE HON'BLE DR. JUSTICE S. K. PANIGRAHI

Order

No.

ORDER

03.03.2025

I. A. No.15520 of 2024

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1 . This matter is taken up through hybrid

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arrangement.

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2 . This I.A. has been filed by Opposite Parties/ Odisha Hydro Power Corporation Ltd. (OHPC) seeking a direction to the Registry of this Court to release Rs.1.50 lakh deposited by the Petitioner with interest in favour of the OHPC by crediting the same with Union Bank Account of OHPC bearing No.380801110050002, IFSC No.UBIN0572586 (Saheed Nagar Branch).

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3 . Heard.

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4. Learned counsel for the Opposite Parties submits that the Petitioner had made a prayer in the Writ Petition to exempt the Bond Amount of Rs.1,50,000/- for

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Page 1 of 4.

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depositing the same with the Opposite Parties and, consequently, to accept her resignation by the Odisha Hydro Power Corporation Ltd. since as per agreement, she had not completed minimum period of three years of service in the organization. While issuing the notice, this Court had passed the order in Misc. Case No.13766 of 2011 vide order dated 13.09.2022, which is extracted hereinder:-

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“Issue notice as above. Accept one set of Process fee.

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Since the last date of joining of the petitioner in Central Electricity Company in Odisha is 8.9.2011, this court directs the petitioner to deposit an Account Payee Cheque of 1,50,000(0ne lakh fifty thousand by day after tomorrow (15.09.2011) in the name of Registrar (Judicial).

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This court further directs the opp. Parties to accept the resignation of the petitioner and relieve her forthwith after taking an undertaking that if the petitioner will not succeed in the writ petition she shall deposit a sum of 1,50,000 (One lakh fifty thousand) with them.

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This court also directs the petitioner to approach the appropriate authority for extension of her joining in Central Electricity Company in Odisha.

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Urgent certified copy of the order be granted on proper application.”

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Page 2 of 4.

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5. He further submits that pursuant to the aforesaid order, the Petitioner had deposited Rs.1,50,000/- with the Registry of this Court and the matter kept pending for some time. However, this Court vide order dated 10.07.2024 dismissed the Writ Petition for nonprosecution by passing the order as follows:-

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"1. This matter is taken up through hybrid arrangement.

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2. Learned counsel for the petitioner submits that despite his best effort, he has no instruction in the matter. He also files a memo to that effect.

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3. This writ petition is accordingly dismissed.

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4. Memo filed in Court today be kept on record.

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5. However, the Petitioner is at liberty to approach this Court by filing a restoration application within a period of one month if any cause of action survives.”

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6. He further submits that despite grant of liberty to the Petitioner to approach this Court by filing a restoration application within one month, if any cause of action survives, the Petitioner did not approach this Court. Hence, this I.A. has been filed by the Opposite Parties/OHPC seeking release of the said amount deposited by the Petitioner before the Registry.

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7. In such facts and circumstances of the case, the prayer of the Opposite Parties/ OHPC seeking a direction to the Registry to release the amount of Rs.1,50,000/-

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Page 3 of 4.

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deposited by the Petitioner in favour of the Opposite Parties/OHPC is allowed.

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8. This I.A. is, accordingly, allowed and disposed of.

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(Dr. S. K. Panigrahi) Judge

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Gitanjali

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Signature Not Verified

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Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 05-Mar-2025 15:14:37

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Page 4 of 4.

Santosini Mishra v. O.H.P.C and Ors.

Case brief

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Santosini Mishra v. O.H.P.C and Ors.

Case brief

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