Pravat Kumar Das vs State Of Odisha And Others
2021 Latest Caselaw 8063 Ori

       IN THE HIGH COURT OF ORISSA AT CUTTACK
                         W.P.(C) No. 18106 of 2020

Pravat Kumar Das                           .....                    Petitioner
                                                 Mr. D. Mohapatra, Advocate
                                     Vs.
State of Odisha and others                 .....                 Opposite parties
                                                           Mr. D.K. Mohanty,
                                                        Addl. Standing Counsel

                                                              Mr. S.N. Dash,
                                                           Opposite party no.3

            CORAM:
                DR. JUSTICE B.R. SARANGI

                                       ORDER

02.08.2021 Order No. This matter is taken up through hybrid mode.

Heard learned counsel for the parties. It is agreed by learned counsel for the parties that the issue involved is covered by the ratio decided in Ashok Kumar Dash v. State of Odisha (W.P.(C) No.7460 of 2019 disposed of on 27.07.2021) and batch.

Therefore, in view of the reasons stated in the detailed judgment passed in Ashok Kumar Dash (supra) and batch, this writ petition is allowed.

Consequentially, the notice of retirement issued to the petitioner on attaining the age of 58 years under Annexure-17 dated 16.11.2020 to the I.A. No.14395 of 2020 cannot sustain and the same is liable to be quashed and is hereby quashed. The opposite parties are directed to extend to the petitioner the benefits of retirement age from 58 to 60 years, and re-fix his pay and other allowances, as due and admissible to him in accordance with law, within a period of four months from the date of passing of this judgment along with interest at the rate of 7% per annum.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court's Notice No.4587 dated 25th March, 2020, as modified by Court's notice no. 4798 dated 15th April, 2021.

Ashok (DR. B.R. SARANGI) JUDGE