Purna Chandra Das Vs State of Odisha

Heard learned counsel for the Petitioner as well as learned Addl. Standing Counsel appearing for the State. Perused the Writ petition 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 circumstances the petitioner most humbly 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;

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i) the inaction of the opposite parties in not considering the representation under Annexure-8 shall not be declared as illegal and arbitrary;

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ii) the opposite parties shall not be directed to revise and enhance the pension of the petitioner w.e.f. 1.1.1996 in the promotional post and the same shall not be sanctioned and disbursed within a time frame;

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Page 1 of 3.

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If the opposite parties fail to show cause or show insufficient cause the Rule be made absolute.”

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It is stated by the learned counsel for the petitioner that pursuant to the observation made in Review Petition No.74/2022 vide order dated 17.05.2023, the petitioner submitted a representation dated 23.05.2023, under Annexure-8, in connection with the grant of enhancement of the pension amount to the petitioner. Learned counsel for the petitioner further contended that although the representation was filed on 23.05.2023, however no final decision has been taken as of now by Opposite Party No.2. Being aggrieved by such inaction, the petitioner has approached this Court by filing the present writ application.

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Learned counsel for the State on the other hand submitted that he has no instruction with regard to status of the representation under Annexure-7 to the writ application. He further contended that in the event the representation under Annexure-7 is pending before the Opposite Party No.2, he will have no objection if this Court directs the Opposite party No.2 to consider such representation strictly in accordance with law and dispose of the same within a stipulated period of time.

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Having heard the learned counsels appearing for the respective parties, on a careful examination of the submissions, further keeping in view the factual background of the present case, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Opposite Party No.2 to consider the representation of the petitioner dated 23.05.2023, under Annexure-8, if the same is still pending, within a period of eight weeks from the date of communication of a certified copy of today’s order. Further, it is

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Page 2 of 3.

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made clear that while considering and disposing of the representation of the petitioner Opposite Party shall provide an opportunity of hearing to the petitioner and shall dispose of the representation by passing a speaking and reasoned order. The final decision so taken be communicated to the petitioner within a period of two weeks from the date of taking such final decision.

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