State Of Orissa & Another vs Abhaya Charan Swain & Another
2021 Latest Caselaw 12827 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.11180 of 2015


     State of Orissa & another              .........                 Petitioners
                                                             Mr. M.K. Khuntia, AGA

                                      -Versus-


     Abhaya Charan Swain & another          ........                  Opp. Parties


                                      CORAM:

                                      JUSTICE C.R. DASH
                                      JUSTICE BISWANATH RATH

                                            ORDER

14.12.2021 Order No.

02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard.

3. This writ petition has been filed against the order dated 29.04.2014 passed in O.A. No.1045 of 2013. There was delay on the part of the State in sanctioning pension in favour of the petitioner. The petitioner moved an Original Application before the learned State Administrative Tribunal, Bhubaneswar. The same was dismissed. Against that order, the petitioner filed W.P.(C) No.16332 of 2007. This Court, vide order dated 29.08.2008, disposed of the writ petition in favour of Opp. Party No.1. The State carried SLP to Hon'ble the

Supreme Court, which was dismissed on 04.06.2010. The petitioner again preferred the present Original Application, being, O.A. No.1045 of 2013 before the learned State Administrative Tribunal, Bhubaneswar claiming interest. The learned Tribunal has passed the following order:-

"In view of the above, the respondent authorities are directed to disburse interest @ 9.5% per annum on the total arrear retiral dues from 29.08.2008 i.e. the date of judgment passed by the Hon'ble High Court in W.P.(C) No. 16332/07 till the date of actual payment on 27.06.2012 in favour of the applicant, within a period of three months from the date of communication of this order."

4. Taking into consideration the course of events and latches on the part of the State authority in delaying sanction of pension and having perused the reasons supplied by the learned Tribunal in arriving at the conclusion, we do not find any infirmity in the order.

5. Accordingly, the writ petition is dismissed.

............................... (C.R. Dash) JUDGE

............................... (Biswanath Rath) JUDGE

Subha