Labanya Sahoo v. State of Odisha & Ors.
Case at a glance
Outcome
Disposed of
the writ application is disposed of at the stage of admission with a
Key paragraphs
- Para 66. 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 No.1 to consider the representation of the Petitioner under Annexure-9 taking into account Annexur3es-6,7 & 8 within…
Judgment
Mr. Swapnil Roy, Advocate -versus- State of Odisha and others …. Opposite Parties Mr.Saswat Das, A.G.A. . CORAM: JUSTICE A.K. MOHAPATRA ORDER 09.01.2024
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
Heard learned counsel for the Petitioner as well as the Additional Government Advocate.
The Petitioner has filed the present writ application with the following prayer:
It is therefore prayed that this Hon’ble Court may graciously be pleased to admit the Writ Petition and issue Rule NISI to the Opp. Parties to show cause to show cause as to; i) Why the action of the Opposite Party No.1 in not regularizing the services of the Petitioner’s late husband for the purpose of pension and other pensionary benefits in the facts and circumstances of the case will not be declared as illegal and ii) Why the Opposite Party no.1 will not be directed to regularize the services of the Petitioner’s late husband for the purpose of sanctioning and releasing family pension and other pensionary benefits as due and admissible in favour of the Petitioner w.e.f. 07.12.2006 within a stipulated time. And if the Opp. Parties do not show cause then the Rule be made absolute by issuing appropriate writ/writs and any other order as deem fit be passed;
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In course of hearing of the writ application, learned counsel for the Petitioner submits that the Petitioner ventilating her grievance has submitted representation before the Additional Chief Secretary to Government of Odisha, Water Resources Department, Opposite Party No.1 under Annexure-9. 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 No.1 to consider the representation of the Petitioner under Annexure-9 within a stipulated period of time.
Learned Additional Government Advocate submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.1, which is stated to be pending, in accordance with law within a stipulated period of time.
Operative part
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 No.1 to consider the representation of the Petitioner under Annexure-9 taking into account Annexur3es-6,7 & 8 within a period of eight weeks from the date of production of certified copy of this order. The Opposite Party No.1 shall do well to dispose of the representation of the Petitioner under Annexure-9 by passing a speaking and reasoned order. The final order on the representation of the Petitioner be communicated to the Petitioner within two weeks thereafter.
6. With the aforesaid observation, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge // 3 // RKS Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 12-Jan-2024 18:24:57
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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