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2025 DAILYLAW 20366 (ORI)

NAKULA KUMAR PANDA v. STATE OF ODISHA

WP(C)/6492/2025 · 2025-03-07

Biraja Prasanna Satapathy

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.6492 of 2025 Nakula Kumar Panda …. Petitioner Mr. A. Tripathy, Advocate -versus- State of Odisha & others …. Opposite Parties Mr. S.K. Jee, AGA COROM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No ORDER 07.03.2025 01. 1. This matter is taken up through Hybrid Mode. 2. Heard learned counsel for appearing for the Parties. 3. The present Writ Petition has been filed inter alia with the following prayer:- “On the facts and in the circumstances stated above, your petitioners, therefore, pray that this Hon’ble Court be pleased to; i) Hold and declare the impugned stipulation in Clause 3 of his order of approval dtd.08.09.2015 of Govt. and order dtd.28.09.2015 of DHE that the financial benefit would be released as per the ratio decided in the case of Union of India Vs. Tarsem Singh reported in (2008) 8 SCC 248, as illegal, bad and confiscatory being violative of Art-14, 16 and 300A of the Constitution of India, and thereby; ii) Direct the Op. No.1 and 2 to release the arrear entitlements of the Petitioner w.e.f.17.10.1998 by suitably modifying Clause 3 of his order of approval dtd.08.09.2015 of Govt. in Annexure-3 as has been done in the case of Rasmi Ranjan Das and similarly situated Lectures as well as Demonstrators referred to in the writ petition with cost and interest, and iii) Pass such other order(s) as deemed fit and proper in the interest of justice.” 4. In course of hearing, learned counsel for the Petitioner states that highlighting his grievances, the Petitioner has made a representation to Opposite Party No.1 vide Annexure-9 and the same may be directed to be considered within a stipulated time, to which learned Counsel for the State has no objection. 5. As agreed by learned counsel for the parties and after going through the records, this Court, without expressing any opinion on the merits of the case, disposes of the Writ Petition directing Opposite Party No.1 to consider the representation filed by the petitioner vide Annexure-9 in accordance with law taking into account Annexure-6 & 8 Series, within a period of three (3) months from the date of production of certified copy of this order. Accordingly, the Writ Petition stands disposed of. (Biraja Prasanna Satapathy) Judge Basudev Designation: SR. STENO