Iswar Chandra Pradhan vs State Of Odisha And Others
2021 Latest Caselaw 8627 Ori

         IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P.(C) No. 13300 of 2020

  Iswar Chandra Pradhan                          .....                         Petitioner
                                                           Mr. B.S. Tripathy, Advocate
                                           Vs.
  State of Odisha and others                     .....                   Opposite parties
                                                       Mr. S.K. Pattnaik, Sr. Adv. along
                                                            with Mr.P.K. Pattnaik, Adv.


              CORAM:
                  DR. JUSTICE B.R. SARANGI

                                               ORDER

17.08.2021

Order No. This matter is taken up by hybrid mode.

03. Mr. B.S. Tripathy, learned counsel for the petitioner contended that the case of the petitioner is covered by the order of this Court in the case of Pravat Kumar Das v. State of Odisha (W.P.(C) No.18106 of 2020 disposed of on 02.08.2021).

Mr. S.K. Pattnaik, learned Sr. Counsel appearing along with Mr. P.K. Pattnaik, learned counsel for opposite party no.3 contended that this question has already been considered by this Court in the case of Sarat Chandra Tripathy v. Odisha Forest Development Corporation (W.P.(C) No.1636 of 2015 disposed of on 05.05.2015). Thereby, the petitioner is not entitled to get the benefit. It is further contended that in view of the judgment of the apex Court in the case of New Okla Industrial Development Authority v. B.D. Singhal, 2021 STPL 6121 SC, wherein the apex Court held that applicability of retirement date is a policy decision. Therefore, if the present petitioner retired prior to the date of scheme implemented, he is not entitled to the benefit.

Mr. B.S. Tripathy, learned counsel for the petitioner seeks time to obtain instructions in the matter.

List after one week.

Ashok                                                  (DR. B.R. SARANGI)
                                                              JUDGE