Orissa High Court
Anasuya Sahoo vs State Of Odisha & Ors. .... Opposite ... on 5 October, 2021
Author: Biswanath Rath
Bench: Biswanath Rath
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.29853 of 2021
Anasuya Sahoo .... Petitioner
Mr. A.K. Behera,
Advocate
-versus-
State of Odisha & Ors. .... Opposite Parties
Mr. D. Mohapatra,
Standing Counsel
CORAM:
JUSTICE BISWANATH RATH
ORDER
05.10.2021 Order No.
01. 1. The Petitioner has filed this writ petition seeking a direction to quash the order dated 01.09.2017 under Annexure-4 and order dated 23.11.2017 under Annexure-5 issued by Opposite Party Nos.1 & 3 and issue necessary direction to the Opposite Parties to allow the benefit which has already been paid to him.
2. Mr. Behera, learned counsel for the Petitioner states that the case of the Petitioner is squarely covered by the order dated 14.08.2013 passed by the Odisha Administrative Tribunal in O.A. No.3124 (C) of 2008 (Sudhansu Sekhar Rout vs. State of Odisha and Others), thereby, directing therein that the benefit which has already been extended to the Petitioner should not be recovered by the authority concerned and as such till date no such recovery has been made.
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3. Mr. Mohapatra, learned Standing Counsel for the School & 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.
4. 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 her grievance, which has been raised in this writ petition along with the documents relied thereon, within a period of two weeks hence. If such representation is submitted within the time stipulated, the same shall be considered and disposed of by the said authority in accordance with law, but taking into consideration the order dated 14.08.2013 passed by the Odisha Administrative Tribunal in O.A. No.3124 (C) of 2008 (Sudhansu Sekhar Rout vs. State of Odisha and Others) within a period of four months thereafter.
5. Issue urgent certified copy as per rules.
(Biswanath Rath) Judge A.K. Jena Page 2 of 2