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Manda Papa Rao v. State of Odisha

Orissa HC11 Mar 2025WP(C)/3681/2025

Case brief

AI extract

What is this about?

Pension revalidation; pensionary benefits; disposal of representation dated 09.08.2024; Annexure-8; eight weeks deadline; speaking and reasoned order; communication within ten days; disposed at admission stage; WP(C) No.3681 of 2025; High Court of Orissa at Cuttack; Justice Aditya Kumar Mohapatra; Additional Director General of Police, Prisons and Director of Correctional Services Odisha; Principal Accountant General (A&E) Bhubaneswar; State of Odisha; advocates Debadatta Mohanty, M.R. Mohanty (A.G.A.), S.K. Patra (Standing Counsel).

What did the court decide?

Direction to Opposite Party Nos.2 & 3 to consider and dispose of the Petitioner's representation (Annexure-8) within eight weeks of production of certified copy of the order, by passing a speaking and reasoned order, and to communicate the decision to the Petitioner within ten days thereafter.

Manda Papa Rao Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Opposite Parties should show cause as to why the pension and pensionary benefits of the Petitioner shall not be revalidated. +1 more

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Ratio / Principle

Considering the limited nature of the Petitioner's grievance, the writ application is disposed of at the stage of admission with a direction to Opposite Party Nos.2 & 3 to consider the representation under Annexure-8 within eight weeks from the date of production of certified copy of the order.

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Key takeaways

Opposite Party Nos.2 & 3 shall dispose of the representation by passing a speaking and reasoned order.ratio¶25
The decision taken by Opposite Party Nos.2 & 3 shall be communicated to the Petitioner within ten days thereafter.ratio¶25

Detailed headnote1 paragraphs

Orissa High Court (Cuttack), single judge (Hon'ble Mr. Justice Aditya Kumar Mohapatra), disposed of writ petition WP(C) No.3681 of 2025 filed by Manda Papa Rao at the stage of admission. The Petitioner had sought revalidation of his pension and pensionary benefits and disposal of his representation dated 09.08.2024 (Annexure-8) pending before Opposite Party No.2 (Additional Director General of Police, Prisons and Director of Correctional Services, Odisha, Bhubaneswar) and Opposite Party No.3 (Principal Accountant General, Office of the Accountant General (A&E), Bhubaneswar). The Court directed Opposite Party Nos.2 & 3 to consider the representation within eight weeks from production of certified copy of the order, to dispose of it by passing a speaking and reasoned order, and to communicate the decision to the Petitioner within ten days thereafter. No statute or precedent was cited; no impugned order was identified.

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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.3681 of 2025

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Manda Papa Rao

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..... Petitioner

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Represented By Adv. - Debadatta Mohanty

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-versus-

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State Of Odisha & Ors.

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..... Opposite Parties

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Represented By Adv. – M.R. Mohanty, A.G.A. S.K. Patra, Standing Counsel for A.G., Odisha

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

11.03.2025

Order No.

1. 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 Govt. Advocate for the State-Opposite Parties and Mr. S.K. Patra, learned Standing Counsel appearing for the Principal Accountant General (A&E) Odisha, Bhubaneswar. 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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“Under these facts and circumstances, the Petitioner most humbly pray that this Hon'ble Court may graciously be pleased to admit this writ application, issue Rule Nisi in the nature of appropriate writ/writs, direction/directions, calling upon the Opposite Parties to show cause as to why the pension and pensionary benefits of the Petitioner shall

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Page 1 of 3.

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not be revalidated and direct the Opposite Party No.2 & 3 to dispose of the Representation dated 09.08.2024 as annexed under Annexure-8 of this writ application as earliest as possible and if the Opposite Parties Authorities fail to show cause and/or show insufficient cause, make the said Rule absolute, in the interest of justice.

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And further be pleased to pass any other order/orders, direction/directions, writ/writs as this Hon'ble Court may deem fit and proper”

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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 Additional Director General of Police, Prisons and Director of Correctional Services, Odisha, Bhubaneswar, Opposite Party No.2 and the Principal Accountant General, Office of the Accountant General (A&E), Bhubaneswar, Opposite Party No.3 under Annexure-8. 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 Nos.2 & 3 to consider the representation of the Petitioner under Annexure-8 within a stipulated period of time.

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Learned Additional Govt. Advocate submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party Nos.2 & 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 Nos.2 & 3 to consider the representation of the Petitioner under Annexure-8 within a period of eight weeks from the date of production of certified copy of this

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Page 2 of 3.

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order. The Opposite Party Nos.2 & 3 shall do well to dispose of the representation of the Petitioner under Annexure-8 by passing a speaking and reasoned order. The decision so taken by the Opposite Party Nos.2 & 3 be also communicated to the Petitioner within ten days thereafter.

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