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2025 DAILYLAW 40976 (ORI)

ASISH KUMAR DAS v. STATE OF ODISHA

WP(C)/17180/2025 · 2025-07-03

Aditya Kumar Mohapatra

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.17180 of 2025 Asish Kumar Das ..... Petitioner Represented By Adv. - Tusar Kumar Mishra -versus- 1) State Of Odisha ..... Opposite Parties 2) Md, Odisha Forest Development Coporation Ltd 3) Spl Secy To Govt Of Odisha-cum- Chairman, Odisha Forest Development Coporation Ltd 4) Divisional Manager(ckl Div Jeypore) Ofdc Ltd 5) General Manager, Ofdc, Balangir C Zone 6) Divisional Manager, Ofdc, Ckl, Division 7) General Manager(a And P) Odisha Forest Development Corporation 8) General Manager, Odisha Forest Development Corporation Ltd Represented By Adv. – Mr.J.K.Bal, AGA CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 03.07.2025 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. Perused the Writ Petition as well as the documents annexed thereto. Page 2 of 3. 3. The Petitioner has filed the present writ application with the following prayer: “Under the aforesaid facts and circumstances of the case, it is therefore prayed that your Lordship’s may gracious and kind enough to issue a rule nisi calling upon the Opp.Parties as to why the Petitioner shall not refund the amount of Rs.60,554/- recovered from the sanction of unutilised leave salary amounting to Rs.1,36,611/- and as to why the Petitioner shall not disburse the medical leave allowance, three months advance salary at the time of retirement and refund of Rs.27,253/- and increment from 2007 to 2013 and to pay the pension as per Rules if the Opp.Parties fail to show cause or show insufficient cause made the rule absolute; And further be pleased to direct the Opposite Parties to sanction and disburse the amount of Rs.60,554/- recovered from the sanction of unutilised leave salary amounting to Rs.1,36,611/- and the medical leave, medical leave allowance, three months advance salary entitled at the time of retirement, refund of Rs.27,253/- and the increments from 2007 to 2013 and to pay the pension as per rules. And further be pleased to pass any other appropriate writ/writs, order/orders and direction/directions as would be deem fit and proper;” 4. In course of hearing of the Writ Petition, learned counsel for the Petitioner submits that the Petitioner ventilating his grievance has submitted representation before the Chairman, OFDC Ltd., Bhubaneswar, Opposite Party No.3 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.3 to consider the representation of the Petitioner under Annexure-7 within a Page 3 of 3. stipulated period of time. 5. Learned Additional Government Advocate submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.3, 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 Petition is disposed of at the stage of admission with a direction to the Opposite Party No.3 to consider the representation of the Petitioner under Annexure-7 in the light of the law laid down in the judgment of the Hon’ble Supreme Court in the case of State of Punjab and others vs. Rafiq Masih (White Washer) & others reported in (2015) 4 SCC 334 within a period of eight weeks from the date of production of certified copy of this order. The Opposite Party No.3 shall do well to dispose of the representation of the Petitioner under Annexure-7 by passing a speaking and reasoned order. The final decision so taken be also communicated to the Petitioner within 10 days thereafter. 7. With the aforesaid observation, the writ application stands disposed of. 8. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge RKS Designation: AR-CUM-Senior Secretary