Pramod Kumar Nayak v. State of Odisha & Ors.

Petitioner Ms. P.P. Rao, Advocate -versus- State of Odisha & Ors. …. Opposite Parties Mr. M.K. Balabantaray, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 05.01.2024 Order No

1. This matter taken up through Hybrid Arrangement (Virtual/Physical) Mode.

Heard learned counsel for the Petitioner and learned counsel for the Opposite Parties.

The Petitioner has filed the present Writ Petition with the following prayer:-

The petitioner therefore humble prays that the Hon'ble Court may be graciously pleased to admit this case, issue notice to opposite parties for show cause and after hearing both the sides may be pleased to issue a writ of Mandamus/certiorari by directing the opposite parties particularly to O.P.No.-1 to take immediate steps to grant the pension in favour of the petitioner on the basis of the new grant-in-aid order-2017 in terms of the principles decided by this Hon'ble Court in the case of Sarat Chandra Parida vrs- State of Orissa & Others reported in 2015 (II) ILR CUT- 94 vide Annexure- 6 by taking into his appointment as well as his approval in the year 2004 vide Annexure- 2 & 3 respectively with cost. // 2 // AND Further be pleased to direct the O.P.No.-1 for consideration of the grievance application vide Annexure-7 within a stipulated period. Further be pleased to pass such other order (s)/Direction (s) which this Hon'ble Court thinks fit and proper to this case. AND For which act of kindness, the petitioner as in duty bound shall ever pray.

However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a detailed representation before Opp. Party No.1 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of three (3) weeks hence.

It is observed that if such a representation is filed within the aforesaid period, Opp. Party No.1 shall do well to take a lawful decision on the same in the light of the order passed by this Court in the case of Sarat Chandra Parida v. State of Odisha, 2015 (II) ILR-CUT-94 within a period of three (3) months from the date of receipt of such representation. The order so passed by the Opp. Party No.1 be communicated to the petitioner.

With the aforesaid observation and direction, the Writ Petition is disposed of. Signature Not Verified Sneha Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Jan-2024 18:19:48 (Biraja Prasanna Satapathy) Judge