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2003 DAILYLAW 755 (ORI)

INDRAJIT KABI v. STATE OF ODISHA

WP(C)/2003/2026 · 2026-01-28

Aditya Kumar Mohapatra

Writ Petition (Civil)body2003

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.2003 of 2026 Indrajit Kabi ..... Petitioner Represented by Adv. - Sidheswar Mallik -versus- State Of Odisha & Ors. ..... Opposite Parties Represented by Adv. – D.K. Sahoo, A.G.A. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 28.01.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the State-Opposite Parties. Perused the writ petition as well as documents annexed thereto. 3. The present writ petition has been filed by the petitioner with the following prayers: “On the aforesaid facts and circumstances, the Hon'ble Court may graciously be pleased to: (i) Direct/order that unutilized leave salary shall be sanctioned and paid to the petitioner after retirement with admissible interest thereon as per the provisions of Rules, 1977. (ii) Pass such other orders/direction as the Hon'ble Court may deem fit and proper in the interest of justice.” 4. In course of hearing, learned counsel for the Petitioner submits that the Petitioner may be granted liberty to file a fresh Page 2 of 3. representation ventilating his grievance before the Director of Elementary Education, Bhubaneswar, Opposite Party No.2 which may be considered within a stipulated period of time in accordance with law. 5. Learned Additional Government Advocate on the other hand submits that he has no objection if liberty is granted to the Petitioner to file a fresh representation before the Opposite Party No.2 and the same is considered and disposed of in accordance with law. 6. In view of the aforesaid limited nature of grievance of the petitioner, this Court disposes of the writ petition granting liberty to the Petitioner to file a fresh representation before the Opposite Party No.2 ventilating his grievance within a period of three weeks. If such representation is filed within the time stipulated, the same shall be considered and disposed of by the Opposite Party No.2 keeping in view the ratio laid down in W.P.(C) No.25604 of 2020 disposed of on 14.10.2020 and by following the ratio in Ritanjali Giri @ Paul vrs. State of Odisha & Others, reported in 2016 (I) ILR CUTTACK 1162 within a period of six weeks from the date of filing representation by passing a speaking and reasoned order. The decision so taken on the same shall be communicated to the Petitioner within a period of ten days from the date of taking such a decision. In the event it is found that the Petitioner is entitled to the claim made in the present writ application and there are no other legal impediments, necessary steps be taken for disbursal of such financial benefits within four weeks from the date of taking such a decision. 7. With the aforesaid observations/ directions, the writ petition Page 3 of 3. is disposed of. Urgent certified copy of this order be granted on proper application. ( A.K. Mohapatra) Judge Anil Designation: Junior Stenographer