Jeebardhan Seth vs State Of Odisha And Others
2022 Latest Caselaw 5471 Ori

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             IN THE HIGH COURT OF ORISSA AT CUTTACK
                             WPC (OA) No. 1431 of 2019

Jeebardhan Seth                       .....                                    Petitioner
                                                                 Mr. J. Jena, Advocate
                                      Vs.
State of Odisha and others            .....                             Opposite parties
                                                                     Mr. S. Rath, ASC
             CORAM:
                DR. JUSTICE B.R. SARANGI
                                                 ORDER

12.10.2022

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

2. Mr. J. Jena, learned counsel for the petitioner relied on the judgment of the apex Court in the case of State of Jharkhand & Ors v Jitendra Kumar Srivastava and another, Civil Appeal No. 6770 of 2013 disposed of on 14.08.2013, where the Hon'ble apex Court observed that the executive instructions are not having statutory character and, therefore, cannot be termed as "law" within the meaning of aforesaid Article 300A. On the basis of such a circular, which is not having force of law, the appellant cannot withhold even a part of pension or gratuity. So far as statutory rules are concerned, there is no provision for withholding pension or gratuity in the given situation. Had there been any such provision in these rules, the position would have been different.

3. Let a copy of the said judgment be served on learned Additional Standing Counsel for enabling him to examine the same.

4. Call this matter after one week.

Arun                                             (DR. B.R. SARANGI, J.)