IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.13736 of 2024
Bibhuti Ranjan Mishra &
…. Petitioners
Another
Mr. N. Biswal, Advocate
-versus-
State of Odisha & Others
…. Opposite Parties
Mr. M.K. Balabantaray, AGA
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
30.05.2024
Order No.
01. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel appearing for the Parties.
3. The Petitioners have filed the present Writ Petition
inter alia with the following prayer: -
“i) To direct the Opposite parties more particularly
the Opposite Party No.1 & 3 to extend the benefit of
work charge establishment w.e.f.02.09.1993
instead of 06.09.2003 in favour of the present
petitioners within a time framed by this Hon’ble
Court considering the fact that the father of the
petitioners Late Bijaya Kumar Mishra, Ex-Helper
and was a party in the batch of writ petitions
decided by this Hon’ble Court under Annexure-3
which was affirmed by the Hon’ble Apex Court
under Annexure-4.
ii) To direct the Opposite Party No.3 to implement the
judgment dtd.11.07.2022 passed in the W.P.(C)
No.14980 of 2018 and batch of cases under
Annexure-3 in favour of the present petitioners
considering the fact that the father of the petitioners
// 2 //
Late Bijaya Kumar Mishra, Ex-Helper was a party
in the writ petitions decided by this Hon’ble Court.
iii) To direct the Opposite Parties to extend all the
consequential benefits of the father of the petitioners
Late Bijaya Kumar Mishra, Ex-Helper in favour of
the present petitioners within a time framed by this
Hon’ble Court”.
4. However, taking into account the claim raised in the
present Writ Petition, liberty is granted to the Petitioners
to make a fresh representation before Opp. Party No.1 by
enclosing all the relevant documents and citations in
support of their claim, if any, within a period three (3)
weeks hence.
5. It is observed that if such a representation is filed
within the aforesaid period, Opp. Party No.1 shall do well
to take a lawful decision on the same within a period of
three (3) months from the date of receipt of such
representation. The order so passed by the Opp. Party
No.1 be communicated to the petitioners.
6. It is observed that while taking such a decision, the
relevancy and effect of Office Order No.15 dtd.07.03.2024
so passed by the Superintending Engineer, Head Works
Division, Samal be taken into consideration in its proper
prospective.
7. With the aforesaid observation and direction, the
Writ Petition is disposed of.
Signature Not Verified
(Biraja Prasanna Satapathy)
Digitally Signed
Signed by: SUBRAT KUMAR BARIK
Vacation Judge
Reason: Authentication Subrat
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 30-May-2024 15:16:30
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