Orissa High Court
Sukanta Kumar Jena vs State Of Odisha & Others on 3 March, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No. 334 of 2021
Sukanta Kumar Jena .... Appellant
Mr. K.K. Swain, Advocate
-versus-
State of Odisha & others .... Respondents
Mr. Dhananjay Mund, Addl. Govt.
Advocate for respondents 1 and 2
CORAM:
JUSTICE M.S. SAHOO
ORDER
Order No. 03.03.2022
05. This matter is taken up through hybrid mode.
The matter was heard at some length on 16.02.2022
and the following order was passed, relevant portion is
reproduced herein:-
"Learned Addl. Govt. Advocate is directed
to obtain instruction as to why the retiral dues of
the appellant is not to be disbursed as per his
last pay drawn, as per the applicable
Government Resolution/order, which shall be
subject to the further orders to be passed in
G.I.A. Case No.55 of 2021 of the learned State
Education Tribunal, Bhubaneswar.
List on 28th February. 2022."
Learned Addl. Govt. Advocate on instruction submits
that as on date, pension or any other retiral dues cannot
be paid to the appellant in view of pendency of the G.I.A.
Case No.55 of 2021, wherein the appellant has challenged
RJ
the cancellation order for sanction of Grant-in-Aid. It is
further submitted that unless it is finally decided which
notification of Grant-in-Aid is applicable to the petitioner,
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a final determination cannot be made by the authority
regarding the retiral dues i.e. to be paid.
Learned counsel for the appellant submits that in any
event, the appellant succeeded before the learned
Tribunal in the earlier in G.I.A. Case No.533 of 2014 that
was disposed of vide judgment and order dated
10.04.2018 and therefore he is entitled for pension and
other retiral dues.
Learned counsel for the appellant submits that after
the last order of this Court, some further developments
have happened in the pending GIA Case No.55 of 2021
before the learned State Education Tribunal,
Bhubaneswar. It is submitted that the matter was heard
in part on 22.02.2022 and the next date of listing is
09.03.2022. It is submitted that without prejudice to the
rights and contentions of either of the parties before the
learned Tribunal, the State Government may be directed
to release the pension of the petitioner as applicable, due
and admissible so that that the petitioner is not put any
unnecessary hardship.
Learned Addl. Govt. Advocate, very fairly submits that
the petitioner can be paid the amount as applicable, due
and admissible without prejudice to the rights and
contentions of either of the parties.
Having heard learned counsel for the parties, the
present FAO is disposed of directing the respondents-
authorities to release the pension to the petitioner as
would be applicable under law, due and admissible
without prejudice to the rights and contentions of either
of the parties in the pending GIA Case No.55 of 2021.
In view of the fact that the matter is arising out of an
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interim order of the learned State Education Tribunal,
parties shall abide by the subsequent order/final order
that would be passed by the learned Tribunal.
It is hoped that the learned Tribunal having heard the
matter in part may proceed to complete the proceeding as
expeditiously as possible as per its hearing roster.
It is clarified that this Court has not expressed any
opinion regarding the merits of the case in any manner
whatsoever.
Issue urgent certified copy as per rules.
Copy of the order be uploaded.
(M.S. Sahoo)
Judge
