DR. BIJAN KUMAR MAHALI @ BIJAN MAHALI v. STATE OF ODISHA
WP(C)/16225/2026 · 2026-07-30
Chittaranjan Dash
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 29686 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 29686 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.16225 of 2026 CNR No. ODHC010354922026 Dr. Bijan Kumar Mahali @ Bijan Mahali …. Petitioner Mr. Biswajit Sahoo, Advocate
-versus-
State Of Odisha & Ors. …. Opp. Parties Mr. Debashis Tripathy, AGA
CORAM:
THE HON’BLE MR. JUSTICE CHITTARANJAN DASH
Order No.
ORDER 30.07.2026
01. 1. Heard learned counsel for both the Parties. 2. By means of this Application, the Petitioner seeks the following relief:-
“It is therefore prayed that this Hon’ble may graciously be pleased to admit the present writ petition, issue rule nisi in the nature of mandamus or any other writ/writs, calling upon the opp. parties specifically opp. party no.- 2 to show cause as to why the acknowledgement of representation filed by the petitioner under Annexure- 3 shall not be considered with the touch stone of law and spirit and why they shall not be direct to release the leave encashment amount immediately along with interest at 12% per annum for the delayed period and other personal benefits after his retirement from Govt. Service; And in the event if the opp. parties specifically opp. party no.- 2 failed to show cause or show insufficient cause, the said rule be made absolute and the acknowledgement of representations filed by the petitioner under Annexure- 3 be considered with the touch stone of law and spirit and the Opp. Parties be directed to release the leave encashment amount immediately along with interest at 12% per annum for the delayed period and other personal benefits after his retirement from Govt. Service;”
3. Mr. Tripathy, learned Additional Government Advocate (AGA), in course of the hearing, furnished a copy of the written instruction received from Opposite Party No. 3, i.e., the Chief District Medical & Public Health Officer (CDM & PHO), Deogarh, wherein it is disclosed that the representation of the Petitioner under Annexure-3 has been considered and the same has been forwarded to the Opposite Party No. 2, i.e., the Director of Health Services (DHS), Bhubaneswar, Khurda, Odisha, who in turn recommended for payment of unutilised leave salary to the Joint Secretary to Government, Health & Family Welfare Department, vide Letter No. 12671 dated 01.06.2026. A copy of the instruction has also been shared with Mr. Sahoo, learned counsel for the Petitioner here in the Court. 4. In view of the above, Mr. Sahoo, learned counsel for the Petitioner, graciously seeks leave to withdraw the Writ Petition. The same is allowed with liberty to approach this Court in case the Authority fails to consider the Petitioner’s claim for leave salary, in accordance with law. 5. Hence, the Writ Petition is dismissed as withdrawn.
(Chittaranjan Dash) Judge
Priyanka Designation: JUNIOR STENOGRAPHER