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Judgment
Sanjay Kumar Mishra, J
This matter is taken up through hybrid mode.
Learned Counsel for the Petitioner, so also Mr. Babu, learned Additional Government Advocate are present.
Learned Counsel for the Petitioner submits that the prayer in the writ petition was for release of final pension and other retiral benefits with effect from 01.03.2003. Direction was given in W.P.(C) No.13186 of 2020 to look into the grievance of the Petitioner vide Annexure-4 and take a decision, as appropriate, taking into consideration the plea taken in the Writ Petition within a period of six weeks from the date of communication of the copy of the said Order. Further, Order dated 03.08.2021 was passed in CONTC No.4308 of 2021 to comply the said Order dated 07.01.2021 in W.P.(C) No.13186 of 2020 within a period of three months from the date of communication/ production of certified/authenticated copy of the said Order, if not already complied within the meantime. But till date Order passed in W.P.(C) No.13186 of 2020 is to be worked out.
Mr.Babu, learned AGA appearing for the sole-Opposite Party, draws attention of this court towards the averments made in Paragraph-6 of the show cause affidavit, the relevant portion of the paragraph is extracted below:
“xxxx It is humbly submitted that the Block Development Officer, Tangi-Choudwar transmitted Original Service Book of Sri Umakanta Mishra to Collector, Cuttack vide letter No. 2163 dated 24.08.2021 for sanction of duty pay from 24.09.2001 to 28.02.2003.xxxxxx….”
Learned Counsel for the Petitioner submits that admittedly the grievance of the Petitioner before this Court in W.P.(C) No.13186 of 2020 was for grant of final pension and other retirement benefits with effect from 01.03.2003 and his client never prayed for sanction of duty pay from 24.09.2001 to 28.02.2003 in W.P.(C) No.13186 of 2020. He submits that the show cause filed by the sole-Contemnor is silent as to what step has been taken by him with regard to non-payment of final pension and other retiral benefits of the Petitioner with effect from 01.03.2003. He further submits that the provisional pension, which the Petitioner was getting after his retirement, has also been stopped for the last few months.
Mr.Babu, learned AGA prays for further two weeks time to take instruction and file a better Show Cause Affidavit/Compliance Affidavit, which is allowed.
Time granted is peremptory.
Show Cause/Compliance Affidavit be filed by 27th March, 2023 after serving of copy on the learned Counsel for the Petitioner, failing which the Contemnor is to remain present physically before this Court on the next date of listing at 2 P.M.
Matter be listed on 31st March, 2023.
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