Disposed

Radha Madhaba Mishra v. Commnr. Cum Secy., Govt. of Odisha

Orissa HC21 Mar 2024WP(C)/6494/2024

Case brief

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What is this about?

Single Judge disposed of a writ petition for release of retirement benefits by directing Opposite Party No.3 (Koraput Central Cooperative Bank Limited) to consider the petitioner's pending representation within eight weeks and dispose of it with a speaking order. If due, benefits must be sanctioned within six weeks, with communication within two weeks.

What did the court decide?

Direction to Opposite Party No.3 to consider petitioner's representation within eight weeks and dispose with speaking order; if due, pay benefits within six weeks.

Radha Madhaba Mishra Vs Commnr. Cum Secy… — Pension and Retirement Benefits | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.6494 of 2024

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Radha Madhaba Mishra

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…. Petitioner Mr. D.R. Bhokta, Advocate

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-versus-

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…. Commissioner-cum-Secy., Govt. of Opposite Parties Odisha and others

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Mr. N.K. Praharaj, AGA

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CORAM:

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JUSTICE A.K. MOHAPATRA

Order No.

ORDER 21.03.2024

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. Perused the writ application as well as the documents annexed thereto.

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

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“The petitioner, therefore, prays that this Hon'ble Court be graciously pleased to issue a Rule Nisi calling upon the opposite parties to show cause as to why a writ of mandamus or any other appropriate writ or writs shall not be issued;

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i) Directing the Opposite parties to release the retirement benefits, gratuity and leave salary of the petitioner within a stipulated period.

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ii) If the opposite parties fail to show-cause or

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show insufficient cause to make the said rule absolute; and

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iii) To pass such other order/orders and to issue such other writ/writs as would afford complete relief to the petitioners;”

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In course of hearing of the writ application, learned counsel for the Petitioner submits that the Petitioner ventilating his grievance has submitted representation before the Secretary, Koraput Central Cooperative Bank Limited, Opposite Party No.3 under Annexure-3. 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.3 to consider the representation of the Petitioner under Annexure-3 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.3, 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.3 to consider the representation of the Petitioner under Annexure-3 & dispose of the same by passing a speaking and reasoned order within a period of eight weeks from the date of production of certified copy of this order. In the event the Opposite Party No.3 comes a conclusion that the Petitioner is entitled to the benefits as has been claimed in his representation under Annexure-3 and in the absence of any other legal impediment of Opposite Party No.3 shall do well to sanction and dispose of such

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benefits within a period of six weeks from the date of taking such decision. The decision so taken by the Opposite Party No.3 be also communicated to the Petitioner within two weeks thereafter.

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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 )

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Judge

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S.K.Rout

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Signature Not Verified

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Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 27-Mar-2024 19:48:54

Radha Madhaba Mishra v. Commnr. Cum Secy., Govt. of Odisha

Case brief

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Radha Madhaba Mishra v. Commnr. Cum Secy., Govt. of Odisha

Case brief

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