Writ petition seeking grant of RACP/MACP benefit after requisite service. Court disposed of it directing the petitioner to make a representation within two weeks and the authorities to decide within six weeks, considering a coordinate Bench decision, with all contentions kept open.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.20489 of 2025
Sumanta Kumar Kuanr
…. Petitioner
Mr.S.Mohanty, Advocate
-versus-
State of Odisha & Others …. Opp. Parties
Mr.S.K. Jee, AGA
CORAM: JUSTICE DIXIT KRISHNA SHRIPAD
ORDER 14.11.2025
Order No.
The short grievance of the petitioner is as to non04 granting of RACP/MACP benefit after he has put in a particular number of years of service under the extant policy. Learned counsel for the petitioner submits that, that benefit ought to have been granted to his client and not giving him is unjustified.
2. Learned AGA appearing for the O.Ps., submits that there cannot be a Mandamus, unless there is demand and rejection. The standard books of law, like the one by Justice B.L.Hansaria’s “Writ Jurisdiction” echo this.
3. In the above circumstances, the writ petition is disposed of reserving liberty to the petitioner to make appropriate application to the concerned authorities, supported by necessary documents within two weeks and if such a representation is made, decision shall be taken by the Jurisdictional Authorities and result thereof shall be
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informed to the petitioner within an outer limit of six weeks. In that connection, all contentions of the parties are kept open. The consideration shall be in the light of the decision of a coordinate Bench of this Court in Ashok Kumar Mohapatra -vrs.- State of Orissa (O.A.No.1668 of 2017 disposed of vide judgment dated 09.10.2018 and confirmed by this Court in W.P.(C) No.6698 of 2010 and further confirmed by the apex Court in SLP(C) No.15573 of 2020.
It is open to Opp. Party Nos.2 & 3 to solicit any information or document from the side of the petitioner, as are required for due consideration of the subject representation; however in that guise, delay shall not be brooked.
Now, no costs.
Web copy of the order to be acted upon by all concerned.
( Dixit Krishna Shripad) Judge
Basu
Signature Not Verified
Digitally Signed Signed by: BASUDEV NAYAK Designation: ADDL. DY. REGISTRAR-CUM-ADDL. PRINCIPAL SECRETARY Reason: Authentication Location: HIGH COURT OF ORISSA : CUTTACK Date: 18-Nov-2025 11:40:58
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1 issue framed by the court
Whether the petitioner is entitled to RACP/MACP benefit after the requisite years of service under the extant policy.
Colour shows how this judgement treated each authority
Ashok Kumar Mohapatra vrs. State of OrissaRelied on
Ashok Kumar Mohapatra -vrs.- State of Orissa (O.A.No.1668 of 2017 disposed of vide judgment dated 09.10.2018 and confirmed by this Court in W.P.(C) No.6698 of 2
Sumanta Kumar Kuanr
State of Odisha & Others
Dixit Krishna Shripad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
