Simadri Panigrahy v. Secretary, Fisheries and ARD
Case at a glance
- Bench
- A K MOHAPATRA
Outcome
Disposed of
the writ application is disposed of at the stage of admission with a
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 33. The Petitioner has filed the present writ application with the following prayer: “ It is, therefore, prayed that this Hon’ble Court may be graciously be pleased to issue writ/writs, order/orders and direction/directions under Article 226 of the Constitution of India and more particularly to…
- Para 77. With the aforesaid observation, the writ application stands disposed of.
Judgment
Ms.Sandhyarani Pani, Advocate -versus- Secretary, Fisheries and ARD Department and others …. Opposite Parties Mr.Saswat Das, A.G.A. CORAM: JUSTICE A.K. MOHAPATRA Order No. ORDER 17.10.2023
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
Heard learned counsel for the Petitioner as well as learned 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 be graciously be pleased to issue writ/writs, order/orders and direction/directions under Article 226 of the Constitution of India and more particularly to issue:- 1. Writ of Mandamus directing the Opposite Parties to finalise the service benefits pending during the service period accordingly fix the pay in appropriate stage under O.R.S.P.Rules, 2018 w.e.f. 01.01.2016 along with annual increments for the purpose of fialisation of pensionary benefits.
2. Direction directing the Opposite Parties for settlement of all pending service benefits and calculate the arrear dues from the date due and pay all arrear dues accrued from service benefits to the Petitioner forthwith and intimate the // 2 // Petitioner along with provides the duplicate copy of service book for the purpose of pension and pensionary benefits. 3. And pass such other order/orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.”
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 Director of Animal Husbandry & Veterinary Services, Odisha, Opposite Party No.3 under Annexure-
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.3 to consider the representation of the Petitioner under Annexure-5 within a stipulated period of time.
5. Learned Additional Government Advocate submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.3, 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.3 to consider the representation of the Petitioner under Annexure-5 in accordance with law within a period of eight weeks from the date of production of certified copy of this order. The Opposite Party No.3 shall do well to dispose of the representation of the Petitioner under Annexure-5 by passing a speaking and reasoned order. In the event Opposite Parties come to a conclusion that the Petitioner is entitled to the claim made in the Writ Petition, if there is no legal impediment, the outstanding dues be sanctioned and paid in favour of the Petitioner within a period of two months from the date of taking such decision. The decision so taken // 3 // be communicated to the Petitioner within 10 days thereafter.
With the aforesaid observation, the writ application stands disposed of.
Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 30-Oct-2023 11:00:38
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: the writ application is disposed of at the stage of admission with a
Which statutory provisions did this judgment involve?
Constitution of India — art. 226.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.