Iswar Chandra Pradhan vs State Of Odisha & Others
2021 Latest Caselaw 11849 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                       WP(C) No. 13300 of 2020

            Iswar Chandra Pradhan                     ....                       Petitioners
                                                              Mr. B.S. Tripathy, Advocate
                                                 -Versus -
            State of Odisha & others                   ....                  Opposite Party
                                                                          State Counsel &
                                                           Mr. S.K. Pattnaik, Sr. Advocate

                               CORAM:
                                DR. JUSTICE B.R. SARANGI

ORDER_ 17.11.2021

Order No. Heard learned counsel for the parties

2. Heard Mr. B.S. Tripthy, learned counsel for the petitioner and Mr.S.K. Patnaik, learned counsel appearing with Mr. P.K. Patnaik, learned counsel, for Orissa Forest Development Corporation.

3. Mr. B.S. Tripathy, learned counsel for the petitioner emphatically submitted that the petitioner is entitled to get the benefit in terms of the decision of this Court in the case of Pramalata Panda v. State of Orissa and another in W.P.(C) No.9279 of 2015 and in the case of Biresh Chandra Giri Vs. State of Orissa, in W.P.(C) No. 17444 of 2015 disposed of on 28.01.2020. According to him the petitioner had approached this Court earlier in W.P.(C) No. 18225 of 2014, which was disposed of on 26.09.2014. Therefore, in terms of the above judgments, the petitioner is entitled to the benefits as claimed by him in this writ application.

4. Mr. S.K. Patnaik, learned Senior Advocate for the Orissa Forest Development Corporation contended that the petitioner was retired from

service on 30.09.2014 and the Scheme was promulgated on 24.10.2014, and the policy matter of the authority has always prospective applicable. Therefore, the petitioner is not entitled to the benefit as claimed by him. In support of his contention, he relied on the decision of the Apex Court in the case of New Okhla Industrial Development Authority and another Vs. B.D. Singhal and others, reported in 2021 STPL 6121 SC.

5. Mr. B.S. Tripathy, learned counsel wants to take further instruction in this matter.

6. Call this matter four weeks after.

(Dr. B.R. Sarangi) Judge Arun