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2025 DAILYLAW 28080 (ORI)

BHARAT CHANDRA KAMILA v. STATE OF ODISHA

WP(C)/11770/2025 · 2025-05-03

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.11770 of 2025 Bharat Chandra Kamila ..... Petitioner Represented By Adv. - Anil Kumar Das -versus- State of Odisha & Anr. ..... Opposite Parties Represented By Adv. – Sasmita Nayak, A.S.C. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 03.05.2025 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 learned Additional Standing 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, therefore, humbly prayed that your Lordships may be pleased to direct the State/O.Ps for sanction and payment of retirement benefits, such as, un-utilized leave salary, gratuity and commuted value of pension to the petitioner pending finalisation of Vigilance Case vide T.R.No.43/2014 on disproportionate assets pending before the Special Judge (Vig.) Bhubaneswar and Deptl.proceeding on the Page 2 of 3. same set of charges as in the vigilance case vide CDI Case No.33/2014 pending before the Commissioner of Departmental Inquiries in view of the settled principle of law of Hon’ble OAT, Hon’ble High Court of Odisha and Hon’ble Apex Court where it is settled that pendency of either Criminal/ Vigilance case of Departmental proceeding is not a bar to grant and release annual increments and retirement benefits. And pass any other order/orders as deemed fit and proper in the ends of justice.” 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 Principal Secy. to Govt., Health & F.W. Dept., Odisha, Bhubaneswar, Opposite Party No.1 under Annexure-7. 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-7 within a stipulated period of time. 5. Learned Additional Standing Counsel submits that she 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-7 taking into consideration Annexures-5 & 6 within a period of eight weeks Page 3 of 3. 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-7 by passing a speaking and reasoned order. The decision so taken by the Opposite Party No.1 be also communicated to the Petitioner within ten days thereafter. 7. With the aforesaid observation/ direction, the writ application stands disposed of. 8. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge Anil Designation: Junior Stenographer