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2026 DAILYLAW 18992 (ORI)

RAMESH CHANDRA JENA v. STATE OF ODISHA

WP(C)/14748/2026 · 2026-05-14

Biraja Prasanna Satapathy

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C ) NO.14748 of 2026 Ramesh Chandra Jena …. Petitioner Mr. N. Rath, Adv. -versus- State of Odisha …. Opposite Parties Mr. S. Das, ASC COROM: THE HON’BLE MR.JUSTICE BIRAJA PRASANNA SATAPATHY Order No ORDER 14.05.2026 2. 1. This matter is taken up through Hybrid Mode. 2. Heard learned counsel appearing for the Parties. 3. The present Writ Petition has been filed inter alia with the following prayer: The petitioner therefore most humbly prays that this Hon'ble Court may graciously he pleased to Admit the writ application, to issue rule Nisi calling upon the opposite parties to show cause as to why the prayers made hereunder be not allowed, Upon showing insufficient cause no cause make the said Rule absolute, Issue writ/ writs in the nature of i. Mandamus directing the opp. Party to sanction and disburse the unutilized leave salary of the petitioner keeping in view the decision of the Hon'ble Supreme Court in the matter of State of p. 2 p. 2 Jharkhand Vrs. Jitendra Kumar Srivastava reported in (2014) 2 SCC (L&S) 570 and decisions of this Hon'ble Court within a time to the be stipulated by Hon'ble Court; ii. And/or may pass such other writ/writs, order/orders, direction/directions as this Hon’ble Court may think fit and proper for the ends of justice. And for this act of kindness the Petitioner as in duty bound shall ever pray. 4. It is contended that on the face of the order passed by this Court on 13.03.2026 in W.P.(C ) No.31060 of 2025 and batch, Petitioner, is noT being released with the unutilised leave salary, as due and admissible. 5. Learned Addl. Standing Counsel on the other hand contended that after delivery of the judgment by this Court in the aforesaid batch of Writ Petitions, since the Petitioner has never made any approach, the Writ, as made, is not maintainable. 6. Having heard learned counsel appearing for the parties and considering the submission made, this Court while disposing the Writ Petition permits the Petitioner to make an appropriate application before Opp party for release of the unutilised leave salary. 6.1. It is observed that if such an application is filed within a period of 2(two) weeks hence, Opp. Party No.3 p. 3 p. 3 shall do well to take a lawful decision on the same within a period of 4(four) weeks from the date of receipt of such representation. The order so passed by Opp. Party No.1 be communicated to the Petitioner. 6.2. Opp. Party however is directed to consider the Petitioner’s claim, strictly in terms of the judgment passed on dt. 13.03.2026 in W.P.(C ) No.31060 of 2025 & batch. 7. With the aforesaid observation and direction, the Writ Petition is disposed of. (Biraja Prasanna Satapathy) Judge sangita