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2025 DAILYLAW 34264 (ORI)

BASUDEV DASH v. STATE OF ODISHA

WP(C)/13520/2025 · 2025-05-14

Aditya Kumar Mohapatra

Writ Petition (Civil)body2025

Judgment text

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Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.13520 of 2025 Basudev Dash ..... Petitioner Represented By Adv. - Gyana Ranjan Sethi -versus- 1) State Of Odisha ..... Opposite Parties 2) Revenue Div. Commnr.,northern Range, Sambalpur 3) Collector, Bargarh 4) Collector, Subarnapur 5) Block Development Officer, Binika 6) Tahasildar, Biramaharajpur 7) Block Development Officer, Sohela Represented By Adv. – Ms.Babita Kumari Sahu, AGA CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 14.05.2025 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 Government Advocate for the State- Opposite Parties. Perused the Writ Petition as well as the documents annexed thereto. 3. The Petitioner has filed the present Writ Petition with the following prayer: “ It is therefore humbly prayed that this Hon’ble Court may graciously be pleased to admit the case, call for the records and after hearing both the parties pass the following reliefs; Page 2 of 4. i) To direct the Opposite Party No.6 to regularise the service period of the Petitioner from 27.07.2003 to 21.03.2005. ii) To direct the Opposite Party no.6 after regularising the service period from 27.07.2003 to 21.03.2005 send the up-to-date service book, LPC and non-drawal certificate of the Petitioner to the Opposite Party No.3 within a stipulated period. iii) To direct the Opp.Partis to disburse the arrear salary, pension and other post retiral dues like gratuity and unutilised leave salary after fixation of scale of pay. iv) To direct the Opp.Parties to disburse with 18% interest on the delayed payment of pension and other post retiral dues. And pass such other order/orders as may be deemed and proper for the interest of justice.” 4. Learned counsel for the Petitioner at the outset contended that earlier the Petitioner approached this Court by filing W.P.(C) No.24647 of 2024 with a prayer to disburse the arrear salary, pensionary benefits and other post retiral dues like gratuity and unutilised leave salary etc. after re-fixing the scale of pay of the Petitioner. This Court vide order dated 25.03.2025 disposed of the Writ Petition by directing the Opposite Party No.3 i.e. the Collector, Bargarh to consider the case of the Petitioner within a period of eight weeks. After disposal of the aforesaid Writ Petition, the Petitioner approached Opposite Party No.3, the Collector, Bargarh along with a copy of the order dated 25.03.2025. 5. Learned counsel for the Petitioner at this juncture Page 3 of 4. contended that the Opposite Party No.3-Collector vide his letter dated 28.04.2025 under Annexure-7 to the Writ Petition has held that since the Service Book, LPC and non-drawal certificate of the Petitioner were not received from the Office of the Tahsildar Birmaharajpur, as such, he was not in a position to consider the case of the Petitioner. Therefore, the Opposite Party No.3 is not at fault in any manner. In the aforesaid background, learned counsel for the Petitioner, at this juncture contended that necessary directions be given to Opposite Party No.6, i.e. the Tahsildar, Biramaharajpur to forward the service book, LPC and other service related documents as expeditiously as possible to the Office of Opposite Party No.3, i.e. the Collector, Bargarh, in a time bound manner so that the Opposite Party No.3 can take a final decision. 6. Learned Additional Government Advocate on the other hand contended that the Opposite Party no.3 is not at fault as the service book, LPC and other service related documents are not available with Opposite Party No.3 as the same was not forwarded by the Tahsildar, Birmaharajpur-Opposite Party No.6. In the event this Court directs the Opposite Party No.6 to forward the service book, LPC and other service related documents to the Office of Opposite Party No.3 for redressal of the Petitioner’s grievance, she will have no objection. 7. Having heard learned counsels for the respective parties, on a careful examination of the background facts of the present case as well as the documents annexed to the Writ Petition, further keeping in view the letter of the Collector dated 28.04.2025 under Annexure-7, this Court deems it proper to Page 4 of 4. dispose of the Writ Petition at the stage of admission by directing the Tahsildar, Birmaharajpur-Opposite Party No.6 to take prompt steps to send the service book, LPC and non- drawal certificate along with the service related documents to the Office of Opposite Party No.3, within a period of six weeks from the date of communication of certified copy of this order. In the event such documents are forwarded to Opposite Party No.3, the Opposite Party No.3 is directed to consider the case of the Petitioner for release of his dues as is due and admissible to the Petitioner including the pensionary as well as retiral benefits within a period of further six weeks from the date of receipt of documents from the Office of Opposite Party No.6. The Opposite Parties shall keep the Petitioner informed at all stages forthwith. 8. With the aforesaid observation, the Writ Petition stands disposed of. 9. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge RKS Designation: AR-CUM-Senior Secretary