Orissa High Court
Parsuram Biswal vs State Of Odisha And Others on 29 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.27677 of 2023
Parsuram Biswal .... Petitioner
Mr. B.S. Tripathy-1, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. S. Das, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 29.08.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the petitioner as well as learned
counsel for the State. Perused the writ application as well as
documents annexed thereto.
3. The present writ petition has been filed by the petitioner with
the following prayers:
"On the facts and in the circumstances stated
above, your petitioner, therefore, prays that this Hon'ble
Court be pleased to direct the opp.parties;
i) Hold and declare that petitioner is entitled
to pension as per OCS(Pension) Rules,
1992 by taking into account his entire
period of service in NMR and Work
Charged establishment as qualifying service
for the purpose of pension and retiral
benefits with effect from his date of
retirement in terms of in terms of Finance
Dept. Resolution in Annexure-5 and
Finance Dept. OMs in Annexure-6 series
// 2 //
read with the law laid down by this Hon'ble
Court and as per the law laid down by this
Hon'ble Court in the case of Ranbindra
Kumar Jena vs. State of Odisha & others
decided on 07.12.2022 in WP(C)
No.36009/2021 read with the ratio decided
in Uday Pratap Thakur & Anr. Vs State of
Bihar : decided on 28th April, 2023 reported
in 2023 Live Law (SC) 371 and; thereby
ii) Direct the opp.parties to calculate and
release pay under OCS(Pension) Rules,
1992 with GPF(O) Rules and all unpaid
retiral benefits including Un-utilised Leave
Salary and Gratuity etc in favour of the
petitioner within a stipulated time frame;
iii) Pass such other order(s) as deemed fit and
proper in the bonafide interest of justice;"
4. It is submitted by Mr. B.S. Tripathy, learned counsel appearing
for the petitioner that being aggrieved by the inaction of the Opposite
Parties in sanctioning and disbursing the pensionary benefits to the
petitioner under the old pension rules of the year 1992 as well as GPF
benefits under the GPF rules, the petitioner has approached this Court
for a direction to the Opposite Parties to calculate, sanction and
disburse such financial benefits in favour of the petitioner within a
stipulated period of time.
5. In course of argument, learned counsel for the petitioner
referring to the judgment in the case of Ranbindra Kumar Jena vs.
State of Odisha & others decided on 07.12.2022 in WP(C)
No.36009/2021, submitted before this Court that the case of the
petitioner is squarely covered to the ratio laid down by this Court in
the case of Ranbindra Kumar Jena vs. State of Odisha &
others(supra). In such view of the matter, learned counsel for the
petitioner submitted that the case of the petitioner also be considered
on similar footing as stated in the case of Ranbindra Kumar Jena vs.
// 3 //
State of Odisha & others(supra).
6. Learned Additional Government Advocate for the State, on the
other hand, submitted that the petitioner has not approached the
departmental authorities before approaching this Court. He further
submitted that in the event this Court grants the benefit of the
petitioner by relying upon the judgment in the case of Ranbindra
Kumar Jena vs. State of Odisha & others decided on 07.12.2022 in
WP(C) No.36009/2021, then the petitioner should have approached
the departmental authorities along with a copy of the judgment in the
case of Ranbindra Kumar Jena vs. State of Odisha & others(supra).
He also submitted that instead of fling of representation before the
departmental authorities, the petitioner has approached this Court
directly. In such view of the matter, learned Additional Government
Advocate submits that he has no objection, if this Court directs the
Opposite Party No.2 to consider the case of the petitioner in the light
of the law laid down in the case of Ranbindra Kumar Jena vs. State
of Odisha & others(supra) as well as Uday Pradap Thakur and
another vrs. State of Bihar decided on 28th of April, 2023 reported
in 2023 Live Law (SC) 371 within a stipulated period of time.
7. Considering the submissions made by learned counsels
appearing for the parties, on a careful examination of the background
facts of the present case, keeping in view the ratio laid down by this
Court in the case of Ranbindra Kumar Jena vs. State of Odisha &
others(supra) wherein the judgment of the Hon'ble Supreme Court in
the case of Uday Pradap Thakur and another vrs. State of Bihar
(supra) has been considered and followed, this Court disposes of the
writ application by directing the petitioner to approach the Principal
Secretary to Government of Odisha, Water Resources Department,
// 4 //
Bhubaneswar-Opposite Party No.1 along with certified copy of this
order as well as copies of the judgment in the case of Ranbindra
Kumar Jena vs. State of Odisha & others (supra) and in the case of
Uday Pradap Thakur and another vrs. State of Bihar (supra) within
a period of two weeks from today. In the event the petitioner
approaches the Opposite Party No.1 within the aforesaid time
stipulation, the Opposite Party No.1 shall do well to consider the case
of the petitioner keeping in view the law laid down by this Court in
the case of Ranbindra Kumar Jena vs. State of Odisha &
others(supra) and in the event Opposite Party No.1 comes to a
conclusion that the petitioner stands on similar footing with the
petitioners in the above noted case of Ranbindra Kumar Jena vs.
State of Odisha & others(supra), then the petitioner be extended with
such benefits within a period of two months from the date of taking
such decision. Final decision so taken by the Opposite Party No.1
shall be communicated to the petitioner within ten days from the date
of taking such decision.
8. With the aforesaid observation/direction, the writ petition is
disposed of.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra )
Judge
Jagabandhu
Signature Not Verified
Digitally Signed
Signed by: JAGABANDHU BEHERA
Designation: Secretary-in-Charge
Reason: Authentication
Location: OHC, CUTTACK
Date: 01-Sep-2023 10:25:34
