Orissa High Court
Ambika Prasad Pattnaik vs State Of Odisha And Others .... Opposite ... on 22 September, 2021
Author: Biswanath Rath
Bench: Biswanath Rath
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.29158 of 2021
Ambika Prasad Pattnaik .... Petitioner
Mr.Niranjan Nayak,
Advocate for petitioner
-versus-
State of Odisha and others .... Opposite Parties
Mr.D. Mohapatra,
Standing Counsel for S.& M.E.
CORAM:
JUSTICE BISWANATH RATH
ORDER
22.09.2021 Order No.
01. 1. Undisputed fact remains, being aggrieved with the order dated 06.02.2013 passed by the Tribunal in O.A. No.1668 of 2017 involving similar nature of disputes, the State had moved the Writ Petition bearing No.6698 of 2020 to this Court, which appears to have been disposed of on contest by the Division Bench on 13.03.2020. Pursuant to which, it appears, the State also moved a petition bearing SLP (C) No.15573 of 2020 before the Hon'ble apex Court. This SLP has also been dismissed on 04.01.2021, thereby confirming the view taken by the Tribunal in O.A. No.1668 of 2017.
2. There is also claim by the petitioner's counsel that similar nature of cases has also been decided by this Court in W.P.(C) No.16032 of 2021, wherein this Court has already recorded regarding withdrawal of the circular taking away the benefit already granted in favour of the similarly situated persons. Considering that Page 1 of 2 // 2 // similar nature of case has already been decided in the meantime and further taking into consideration that similar benefit has already been extended to similarly situated persons by office order no.6414, dated 28.10.2019 and issuing letter bearing No.8367 dated 13.04.2021 respectively, this Court while setting aside the orders vide Annexures-2 and 4, remits the matter to the Opposite Party Nos.1 to 3 to consider the case of the petitioner examining application of the settled position through O.A. No.1668 of 2017, W.P.(C) No.6698 of 2020, W.P.(C) No.439 of 2020 and SLP (C) No.15573 of 2020. In the event the petitioner's case is considered favorably then he shall also be entitled to arrear on account of the same, if any.
3. The entire exercise shall be completed within a period of six weeks from the date of communication of a copy of this order along with a copy of the orders passed in O.A. No.1668 of 2017, W.P.(C) No.6698 of 2020, W.P.(C) No.439 of 2020 and SLP (C) No.15573 of 2020, by the Petitioner.
4. With the aforesaid direction, the writ petition stands disposed of.
(Biswanath Rath)
U.K.Sahoo Judge
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