Orissa High Court
Debendra Kumar Pradhan vs State Of Odisha And Others .... Opposite ... on 6 September, 2021
Author: B.R. Sarangi
Bench: B.R. Sarangi
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC (OAC) No. 3555 of 2017
Debendra Kumar Pradhan .... Petitioner
Mr. Anil Kumar Behera, Adv.
-Versus -
State of Odisha and others .... Opposite Parties
Mr. B. Prusty,
Standing Counsel for School and
Mass Education Department
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER_ 06.09.2021 Order No. 1. This matter is taken up through hybrid mode.
032. Heard Mr. A.K. Behera, learned counsel for the petitioner and Mr. B. Prusty, learned Standing Counsel for School and Mass Education Department.
3. The petitioner has filed this writ petition seeking to quash the order dated 01.09.2017 under Annexure-4 and order dated 23.11.2017 under Annexure-5 issued by opposite parties no. 1 and 3 and issue direction to opposite parties to allow the benefit which has already been paid to him.
4. Mr. A.K. Behera, learned counsel for the petitioner states that the case of the petitioner is squarely covered by order dated 14.08.2013 passed by Odisha Administrative Tribunal in O.A. 3124 (C) of 2008 (Sudhansu Sekhar Rout vs. State of Odisha and Others), thereby, the benefit which has already been extended to the Page 1 of 1 petitioner, the same should not be recovered by the authority concerned and as such till date no such recovery has been made.
5. Mr. B. Prusty, learned Standing Counsel for School and Mass Education Department contended that the petitioner may be permitted to approach the authority concerned by filing fresh representation, which shall be considered in accordance with law.
6. In view of the aforesaid limited grievance of the petitioner, this Court disposes of the writ petition granting liberty to the petitioner to file a fresh representation before the authority concerned ventilating his grievance, which has been raised in this writ petition and the documents relied thereon, within a period of two weeks. If such representation is filed within the time stipulated, the same shall be considered and disposed of by the said authority in accordance with law taking into consideration the order dated 14.08.2013 passed by Odisha Administrative Tribunal in O.A. 3124 (C) of 2008 (Sudhansu Sekhar Rout vs. State of Odisha and Others) within a period of four months thereafter.
6. Issue urgent certified copy as per rules.
(Dr. B.R. Sarangi) Judge A.K. Rana Page 2 of 2