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2025 DAILYLAW 25902 (ORI)

SOMANATH SAHOO v. STATE OF ODISHA

WP(C)/9208/2025 · 2025-04-03

Aditya Kumar Mohapatra

Writ Petition (Civil)body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.9208 of 2025 Somanath Sahoo ..... Petitioner Represented By Adv. - Prasanta Kumar Mishra -versus- State Of Odisha and others ..... Opposite Parties Smt. S. Nayak, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 03.04.2025 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties. Perused the writ application as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “It is prayed, therefore that this Hon'ble Court may graciously be pleased to; i) Admit and allow the writ petition. ii) This Hon'ble Court may graciously be pleased to direct the O.P.No.1 to sanction and disburse un-utilized leave salary in favour of the petitioner in terms of Annexure-2 proposal Page 2 of 3. of O.P. No.3 and settle position of law decided in identical case i.e. W.P.(C) No. 20808 of 2024 under Annexure-5 within a stipulated period of time. iii) And further be pleased to pass such other order (s), direction (s) as deem fit and proper to the facts and circumstances of the case to give complete relief to the petitioner;” 4. 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 Opposite Party No.1 under Annexure-3 series. 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-3 series within a stipulated period of time. 5. Learned counsel for the State 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. 6. 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-3 series, taking into consideration the judgment by the Hon’ble Division Bench of this Court in State of Odisha v. Nirmal Ch. Satapathy (W.P.(C) No.3442 of 2016) as well as by this Court in Chittaranjan Senapati v. State of Odisha and Page 3 of 3. Others (W.P.(C) No.20808 of 2024) 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-3 series by passing a speaking and reasoned order. The decision so taken by the Opposite Party No.1 be also communicated to the Petitioner within two weeks thereafter. 7. With the aforesaid observations/directions, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. ( Aditya Kumar Mohapatra ) Judge S.K. Rout