Petitioner sought a direction for grant of RACP benefit after long service under the extant policy. Noting no demand and rejection had been shown, the Court disposed of the writ petition granting liberty to make a representation, to be decided within six weeks, in light of a coordinate Bench decision, keeping contentions open.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.23141 of 2024
Srikanta Kumar Nanda
…. Petitioner
G.K. Nanda, Advocate
-Versus-
State of Odisha and others
…. Opposite Parties
Mr. U.C. Behura, AGA
CORAM:
JUSTICE DIXIT KRISHNA SHRIPAD
ORDER
Order No.
20.09.2025
02.
Heard learned counsel appearing for the parties.
2. The short grievance of the petitioner is as to non-granting of RACP 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.
3. Learned AGA appearing for the OPs submits that there cannot be a Mandamus, unless there is demand and rejection. That standard books of law, like the one by Justice B.L.Hansaria’s “Writ Jurisdiction”. This is correct position.
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 informed to the petitioner within an outer limit of six weeks. In that connection, all contentions of the parties are kept
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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 No.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 order to be acted upon by all concerned.
( Dixit Krishna Shripad ) Judge
Anisha
Signature Not Verified
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Digitally Signed Signed by: ANISHA NANDA Designation: Jr. Stenographer Reason: Authentication Location: High Court of Oirssa, Cuttack Date: 20-Sep-2025 17:21:26
1 issue framed by the court
Whether the petitioner is entitled to RACP 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¶4
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
Srikanta Kumar Nanda
State of Odisha
Dixit Krishna Shripad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
