Orissa High Court
Mamita Kumari Pradhan vs District Social Security Officer on 25 July, 2024
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.17018 of 2024
Mamita Kumari Pradhan .... Petitioner
Mr. B. Mohanty, Advocate
-Versus-
District Social Security Officer, .... Opposite parties
Kandhamal and others
Mr. N.K. Praharaj, AGA
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
25.07.2024 Order No.
01. (This matter is taken up through virtual mode)
1. Heard Mr. Mohanty, learned counsel for the petitioner and Mr. Praharaj, learned AGA for the State.
2. Instant writ petition is filed by the petitioner seeking for a direction to the opposite parties and in particular, opposite party No.1 to sanction and disburse the monthly salary from February, 2024 and onwards on the basis of the Absentee Statements received from opposite party No.3 and also to sanction and disburse the E.L. for 24 days between 27th February, 2024 and 21st March, 2024 on the basis of the compliance made vide Annexure-5 in response to the letter received under Annexure-4 on the grounds stated.
3. Referring to the Absentee Statements i.e. Annexure-3 series, Mr. Mohanty, learned counsel for the petitioner would submit that there is no reason not to pay the monthly salary for the alleged period which has been withheld. It is further submitted by Mr. Mohanty, learned counsel that necessary compliance has been made with regard to the E.L. as per Rules with OGFR-III form submitted in duplicate. It is also submitted that recommendation of opposite party No.3 is currently pending with opposite party No.2 as to the request received Page 1 of 2 through Annexure-6 series from the petitioner for a decision, hence, necessary direction is required to be issued for early disbursement of the salary and the other dues payable to the petitioner.
4. Mr. Praharaj, learned AGA for the State submits that since there is recommendation of opposite party No.2, as made to reveal from Annexure-6 series, if the Court is so inclined, it may direct opposite party No.2 to do needful and release the monthly salary in favour of the petitioner according to rules.
5. Having regard to the facts pleaded on record and submissions of learned counsel for the respective parties and since such a recommendation of opposite party No.3 is at present pending with opposite party No.2, the Court looking at the Absentee Statements i.e. Annexure-3 series and the compliance made so revealed from Annexure-5 vis-à-vis sanction of E.L., is of the view that necessary direction is required to be issued to the said authority to deal with it at the earliest within a stipulated period.
6. Hence, it is ordered.
7. In the result, the writ petition stands disposed of with a direction to opposite party No.2 to act upon the recommendation of opposite party No.3 and to release and disburse the monthly salary and other dues admissible as per rules as soon as possible preferably within a period of six weeks from the date of receipt of a copy of this order keeping in view the Absentee Statements as at Annexure-3 series and necessary compliance vis-à-vis E.L. sanction.
8. Urgent copy of this order be issued as per rules.
Signature Not VerifiedDigitally Signed (R.K. Pattanaik) Signed by: ROJINA SAHOO Designation: Junior Stenographer Judge Reason: Authentication Location: OHC, CTC Date: 27-Jul-2024 16:35:30 Rojina Page 2 of 2