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2026 DAILYLAW 3485 (ORI)

NIMAIN CHARAN PRUSTY v. UNION OF INDIA

WP(C)/5317/2026 · 2026-04-08

Biraja Prasanna Satapathy

Writ Petition (Civil)body2026

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 5317 of 2026 Nimain Charan Prusty ..... Petitioner Mr. M. Basu, Advocate -versus- Union of India & Ors. ..... Opposite Parties Mr. A.P. Das, Advocate (PPA) CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 08.04.2026 Order No. 05 1. This matter is taken up through hybrid mode. 2. Heard Mr. M. Basu, learned counsel appearing for the Petitioner and Mr. A.P. Das, learned counsel appearing for the Paradep Port Authority. 3. Even though the present writ petition has been filed inter alia challenging the non-acceptance of the resignation of the Petitioner so submitted on 03.10.2025 under Annexure-5 vide the impugned communication issued on 15.10.2026 under Annexure-8, but Mr. A.P. Das, learned counsel appearing for the Paradeep Port Authority basing on the affidavit so filed, contended that since the letter of resignation was not in accordance with Clause 10 of the Appointment order so available under Annexure-4, the same was not accepted. 4. However, it is fairly contended that since the stipulated period for acceptance of the resignation has already elapsed, Paradeep Port Authority will accept the resignation so submitted by the Petitioner Page 2 of 2. under Annexure-5 and the same will be accepted within a period of two (2) weeks hence with passing of an appropriate order. 5. So far as the prayer of the Petitioner to release the benefit as due and admissible, learned counsel appearing for the Paradeep Port Authority contended that after acceptance of the resignation within the aforesaid time period, necessary calculation will be made by the authority and admissible dues will be released in favour of the Petitioner within a further period of two (2) weeks. 6. Learned counsel appearing for the petitioner has no serious objection to the course of action proposed by the learned counsel appearing for the Paradeep Port Authority. 7. Having heard learned counsel for the parties and considering the submissions made, this Court while disposing the writ petition both quashing of the impugned communication dated 15.10.2025 under Annexure-8, directs O.P. No.3 to accept the resignation of the petitioner so submitted on 03.10.2025 under Annexure-5 with passing of an appropriate order within a period of 2 (two) weeks from the date of receipt of the order. On such acceptance of the resignation, dues as admissible be released in favour of the petitioner within a further period of two weeks. 8. The writ petition accordingly stands disposed of accordingly. (BIRAJA PRASANNA SATAPATHY) Judge Sneha