Prasanta Kumar Mishra vs State Of Odihsa And Others
2021 Latest Caselaw 11361 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  W.P.(C) NO.33405 OF 2021

                 Prasanta Kumar Mishra                     ....      Petitioner
                                               Mr. Prafulla Kumar Mahapatra,
                                                                Advocate
                                            -versus-
                 State of Odihsa and others                  .... Opp. Parties
                                                       Mr. Swayambhu Mishra,
                                                    Additional Standing Counsel
                       CORAM:
                       JUSTICE K.R. MOHAPATRA

                                        ORDER

Order No.                              06.11.2021


    1.      1.       This matter is taken up through hybrid mode.

2. The Petitioner has filed this writ petition seeking direction to release the pension and pensionary benefits in the light of the judgment rendered in the case of Sarat Chandra Parida -v- State of Odisha, reported in 2015 (II) ILR-CUT 94.

3. It is contended by learned counsel for the Petitioner that the case of the Petitioner is analogous to W.P.(C) No.22316 of 2018. Therefore, this writ petition may be disposed of in the light of the order dated 20th August, 2019 passed in W.P.(C) No.22316 of 2018.

4. Mr. Mishra, learned Additional Standing Counsel for the State submits that applicability of the ratio in the case of Sarat Chandra Parida (supra) needs scrutiny by the authority.

5. In view of the above, this Court without expressing any opinion on the merits of the case of the Petitioner disposes of

// 2 //

this writ petition with a direction that in the event the Petitioner files a fresh representation before the Director of Higher Education, Odisha, Bhubaneswar-Opposite Party No.2 within a period of two weeks hence along with certified copy of this order to release the pension and pensionary benefit in terms of the ratio in the case of Sarat Chandra Parida (supra), he shall consider the same in accordance with law and communicate the decision thereof to the Petitioner as expeditiously as possible preferably within a period of four months therefrom. If the Petitioner is found eligible to the relief claimed in the representation, the same shall be released in his favour within two months therefrom.

Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge bks