Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.8751 of 2025 Susanta Kumar Swain ..... Petitioner
Represented By Adv. - Lambit Senapati -versus- 1) State Of Orissa ..... Opposite Parties 2) The Principal Secy. To Govt. Of Odisha, Forest Environment And Climate Change Dept. 3) Div. Forest Officer, Nayagarh 4) Range Officer, Nayagarh Range 5) The Principal Chief Conservator Of Forest, Bbsr 6) The Chief Conservator Of Forest (p And A) , Bbsr
Represented By Adv. – Mr.S.K.Parhi, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 27.03.2025
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 the learned Additional Standing Counsel for the State. Perused the Writ Petition as well as the documents annexed thereto. 3. The Petitioner has filed the present Writ Petition with the following prayer:
“ In view of the above facts and circumstances, this Hon’ble Court may graciously be pleased to direct the Opp.Party No.2 to disburse the pensionary benefits, gratuity, unutilised leave and other services benefits in favour of the Petitioner in the interest of justice. Page 2 of 3. And/or further be pleased to consider the representation/application under annexure-10 as per law. And further be pleased to pass any order/orders as deemed fit and proper in the interest of justice.”
4. It is stated by the learned counsel for the Petitioner that although the Petitioner has retired from service with effect from 30.11.2022, however, he has not been paid his final pensionary benefit, gratuity, unutilised leave salary and other service benefits as is due and admissible to the Petitioner. Being aggrieved by such inaction of the Opposite Parties, the Petitioner has been compelled to approach this Court by filing the present Writ Petition for a direction to the Opposite Parties to sanction and disburse all his admissible dues in a time bound manner. He further contended that although the Petitioner has earlier approached Opposite Party no.2 by filing a representation under Annexure-10, however no decision has been taken on such representation. 5. Learned Additional Standing Counsel for the State on the other hand contended that although he has no instruction, however taking into consideration the fact that the Petitioner has submitted a representation under Annexure-10, he will have no objection in the event this Court directs the Opposite Party No.2 to consider and dispose of the representation under Annexure-10 within a stipulated period of time in accordance with law, if the same is still pending. 6. Having heard learned counsels for the respective parties, on a careful examination of the materials on record, further taking into consideration the fact that the Petitioner has not been paid his admissible dues, this Court deems it proper to dispose of the
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Writ Petition by directing the Opposite Party No.2 to consider and dispose of the representation of the Petitioner under Annexure-10 strictly in accordance with the applicable Rules and law within eight weeks from the date of communication of certified copy of this order. The representation of the Petitioner shall be disposed of by passing a reasoned and speaking order. Final decision so taken be communicated to the Petitioner within 10 days thereafter. 7. With the aforesaid observation/direction, the Writ Petition stands disposed of. 8. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra )
Judge
RKS
SINGH