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2025 DAILYLAW 33129 (ORI)

DR.NEELAMADHAB DASH v. STATE OF ODISHA

WP(C)/12597/2025 · 2025-05-09

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.12597 of 2025 Dr. Neelamadhab Dash …. Petitioner Mr. T. Pattanayak, Advocate -versus- State of Odisha & Ors. …. Opposite Parties Mr. S.K. Jee, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 09.05.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel for appearing for the Parties. 3. The present Writ Petition has been filed inter alia with the following prayer:- “The Petitioner therefore, humbly pray that this Hon'ble Court may graciously be pleased to admit this Writ Petition, issue Rule NISI calling upon the Opposite Parties as to why the Resolution No.HE- FE-VI-POLICY 0395/2017/7651/HE dtd.16.03.2018 issued by the Government of Odisha through its Higher Education Department and the Office Memorandum No. HE-NCET-1- PLAN-0002-2019 24133 dtd. 22nd July 2020 vide Annexures-3 and Annexure-7 respectively, shall not be quashed and why they should not fix the amount of Death cum Gratuity amount for the Petitioner as per Rule 8(1) and Rule 9(f) the p. 2 p. 2 Odisha Aided Educational Institutions' Employees Retirement Benefit Rules, 1981 by the Hon'ble Court in order to meet the ends of justice; And the Hon'ble Court be further pleased to grant the Gratuity@ 7 1/2 months salary instead of a consolidated amount of Rs. 5,00,000/-(Five Lakh Rupees only) or at par with the counterparts in Government Colleges and also release the held up enhance differential salary from dtd.01.01.2016 to dtd. 30.09.2017 (21 months) arising as under the 7th Pay Fixation as stated by the Petitioner at Annexure- 9 series. And to pass necessary order(s), direction(s) in the facts and circumstances of the case to give complete relief to the petitioner;” 4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner make a fresh representation before Opp. Party No.1 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of three (3) weeks hence. 5. It is observed that if such representation is filed within the aforesaid time period, Opp. Party No.1 shall do well to take a lawful decision on the same within a period of three (3) months from the date of receipt of such representation. The order so passed by Opp. Party No.1 be communicated to the Petitioner. With the aforesaid observation and direction, the Writ Petition is disposed of. p. 3 p. 3 (Biraja Prasanna Satapathy) Judge Madhusmita