Orissa High Court
Ambarish Sharma vs State Of Odisha & Ors .... Opposite ... on 3 October, 2023
Author: Sashikanta Mishra
Bench: Sashikanta Mishra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). No. 30972 of 2023
Ambarish Sharma .... Petitioner
Mr. M.Pati,
Advocate
-Versus -
State of Odisha & Ors .... Opposite Parties
Additional Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER_ 03.10.2023 Order No. 1. This matter is taken up through hybrid mode.
01. 2. The petitioner has approached this Court seeking the following relief:
The petitioner therefore prays that your lordships would graciously be pleased to direct the Opp. Parties to release all the pension and pensionary benefits and arrears with 18% interest in favour of the petitioner with all consequential benefits forthwith considering representation under Annexure-8 taking into Annexure- 4,5, 6 & 7.
And pass such order/directions as this Hon'ble Court duly deem fit and proper And for this act of kindness, the petitioner is in duty bound shall ever pray.
3. It is this case that he was working as Panchayat Executive Officer (PEO) under Panchayat Samiti in the district of Sambalpur and retired on attaining the age of superannuation on 31.07.2017. It is his grievance that despite having retired more than 6 years back, his pension and other pensionary benefits have not been sanctioned and released by the authorities. In course of hearing, it is brought to the notice of the court that the petitioner has submitted a representation Page 1 of 2 addressed to the Secretary to Government Panchayati Raj & Drinking Water Department on 25.11.2022. No action appears to have been taken on such representation as yet. On perusal of the representation, copy of which has been enclosed Annexure-8, it is revealed that the petitioner while highlighting his grievance has referred to the case of Biharilal Barik vs. State (O.A. No. 520 of 2014) as also the case of D.D.Tewari (D) through L.Rs. Vs. Uttar Haryana Bijli Vitran Nigam Ltd., reported in 2015 (1) OLR (SC)-81 in support of his contention.
4. This Court is of the view that since the matter is pending before the competent authority, a decision should be taken at the first instance. In such view of the matter, the writ application is disposed of directing the Secretary to Government Panchayati Raj & Drinking Water Department (Opposite party No. 2) to consider the representation of the petitioner in accordance with law and to pass a lawful order thereon within a period of four weeks from the date of production of certified copy of this order by the petitioner. Further, if on consideration of the representation, the petitioner is found entitled to his claim, necessary order should be passed without any further delay for sanction and disbursement of his pension and other pensionary benefits.
5. The writ petition is disposed of accordingly.
(Sashikanta Mishra) Judge Signature deepak Not Verified Digitally Signed Signed by: DEEPAK PARIDA Reason: Authentication Location: OHC, Cuttack Date: 04-Oct-2023 19:39:35 Page 2 of 2