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2025 DAILYLAW 9384 (ORI)

BANABASH BEHERA v. STATE OF ODISHA

WP(C)/3893/2025 · 2025-05-07

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.3893 of 2025 Banabash Behera ..... Petitioner Represented By Adv. - Rabindra Nath Prusty -versus- 1) State Of Odisha ..... Opposite Parties 2) Registrar,cooperative Societies,bbsr 3) The Managing Director, Cooperation Department, Bbsr. 4) The District Magistrate And Collector, Land Mic Sccc Bank Ltd., Sambalpur. 5) The Chief Executive Officer, The Sambalpur District Corporative Central Bank Baragarh. Represented By Adv. – Mr.D.N.Lenka,AGA CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 07.05.2025 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: “ The Petitioner, therefore, prays that this Hon’ble Court may be graciously pleased to admit this Writ Petition, issue Rule NISI to the Opp.Parties, call for Page 2 of 3. the records and after hearing the parties to this writ petition, give direction to the Opp.Parties more particularly to the Opp.Party no.5 to disburse the gratuity amount retiral benefits, pensionary benefits and all the statutory benefits to the Petitioner within a time bound period to be fixed by Hon’ble Court and quash the letter dated 24.01.2023 under annexure-2 in the interest of justice and equity; And/or pass may other order/orders, direction/directions as Hon’ble Court may deem fit and proper in favour of the Petitioner;” 4. Learned counsel for the Petitioner at the outset contended that earlier the Petitioner approached this Court by filing W.P.(C) No.7399 of 2021 which was disposed of by this Court vide order dated 05.12.2022 permitting the Petitioner to file a representation before Opposite Party No.5 with a corresponding direction to Opposite Party No.5 to consider the same by passing a reasoned and speaking order. 5. Learned counsel for the Petitioner at this juncture submitted that after disposal of the earlier Writ Petition, the Petitioner approached Opposite Party No.5. The Opposite Party No.5 vide order dated 24.01.2025 under Annexure-3 has come to a definite conclusion that the Petitioner is entitled to get Rs.7,50,000/- towards gratuity and Rs.4,09,480/- towards Earned Leave. However some amount has been shown ‘Recoverable’ from the Petitioner. From the letter under Annexure-3, it appears that the Earned Leave amount has not been disbursed in favour of the Petitioner. Learned counsel for the Petitioner submitted that the outstanding amount of Rs.7,50,000/- has not been disbursed in favour of the Page 3 of 3. Petitioner. In such view of the matter, learned counsel for the Petitioner contended that the Opposite Parties be directed to disburse the undisputed amount of gratuity in favour of the Petitioner. 6. Considering such submissions and further keeping in view the letter dated 24.01.2025 under Annexure-3, this Court deems it proper to dispose of the Writ Petition by directing the Opposite Party No.5 to disburse the gratuity amount of Rs.7,50,000/-, if the same has not been disbursed in the meantime, pursuant to the letter under Annexure-3 within six weeks from the date of communication of certified copy of this order. It is further directed that so far the balance amount is concerned, the Opposite Party No.5 shall take steps to reconcile the same as expeditiously as possible. The Petitioner is directed to cooperate with the Opposite Party No.5 to reconcile the balance amount. 7. With the aforesaid observation, the Writ Petition stands disposed of. 8. Issue urgent certified copy of this order as per Rules ( A.K. Mohapatra ) Judge RKS Designation: AR-CUM-Senior Secretary