Pinas Digal vs State Of Odisha And Another
2023 Latest Caselaw 10289 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.21552 of 2023


                 Pinas Digal                         ....           Petitioner
                                          Mr.Susanta Kumar Mishra, Advocate

                                           -versus-

                 State of Odisha and another          ....     Opposite Parties
                                                      Mr.N.K.Praharaj, A.G.A.
                                        CORAM:

                               JUSTICE A.K. MOHAPATRA

                                            ORDER

Order No.                                 29.08.2023
    02.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the Petitioner as well as the learned Additional Government Advocate. Perused the Writ Petition as well as the documents annexed thereto.

3. The present Writ Petition has been filed with the following prayer :

"Therefore it is prayed that the Hon'ble Court may be pleased to issue rule Nisi as to why a direction shall not be given to the Opposite Party No.2 to disburse the retiral benefits and other benefits within a period of two months in consequence of the order of the Hon'ble High Court vide Annexure-6 on the ground stated above this petition and the Opp.Parties showing no cause or insufficient cause or cause not to the satisfaction of the Hon'ble Court, the Writ Petition may be allowed."

4. It is submitted by the learned counsel for the Petitioner that earlier the Petitioner approached this Court by filing W.P.(C) // 2 //

No.1003 of 2010 which was disposed of by a coordinate Bench of this Court by judgment dated 02.12.2022 thereby quashing the impugned order dated 12.11.2009 and with a further direction to nullify all consequential action taken pursuant to the impugned order dated 12.11.2009. It is submitted by the learned counsel for the Petitioner that in the meantime the Petitioner has retired on attaining the age of superannuation with effect from 27.08.2019. Learned counsel for the Petitioner also contended that after retirement, the Petitioner is not getting his retiral and pensionary benefit. Accordingly, the Petitioner has filed the present Writ Petition.

5. Learned Additional Government Advocate on the other hand submitted that the order passed by the coordinate Bench of this Court in W.P.(C) No.1003 of 2010 has been assailed by the State- Opposite Parties. However, he failed to produce any order staying operation of the impugned order. In such view of the matter, learned counsel for the Petitioner submits that the present Writ Petition is to await the final decision to be taken in such Writ Appeal.

6. Having heard learned counsel appearing for the parties, on a careful examination of the background facts as well as the judgment dated 02.12.2022 in W.P.(C) No.1003 of 2010, this Court is of the considered view that earlier there is an adjudication in favour of the Petitioner by the coordinate Bench of this Court. Therefore, the Petitioner is entitled to enjoy the fruit of the order dated 02.12.2022. However, the such benefits has not been given to the Petitioner on the ground that the State-Opposite parties have either preferred a Writ Appeal or likely to file a Writ Appeal. Such conduct of the Opposite parties is only intended to delay the grant of relief in favour of the Petitioner by the coordinate bench dated 02.12.2022. It is also // 3 //

a fact that the petitioner has retired in the meantime, since 2019 and he is deprived of getting financial benefits, which he is otherwise entitled to on the basis of the judgment dated 02.12.2022. In such view of the matter, this Court deems it proper to dispose of the Writ Petition by directing the Opposite Parties to give all financial benefits in view of the order dated 02.12.2022 passed in W.P.(C) No.1003 of 201 and accordingly necessary consequential financial benefits be granted to the Petitioner and in the event the retiral dues as well as pensionary benefit as is due and admissible to the Petitioner has not been considered and disbursed, the Opposite Parties shall do well to disburse such benefits and other financial benefits within a period of two months from the date of communication of this order by Petitioner. It is made clear that this order shall be subject to the variation of the order by the appellate court in Writ Appeal preferred against the judgment dated 02.122022 passed in W.P.(C) No.1003 of 2010, if any.

7. With the aforesaid observation, the Writ Petition stands disposed of.

8. Issue urgent certified copy of this order as per Rules.

RKS                                                  ( A.K. Mohapatra )
                                                            Judge




      Signature Not Verified
      Digitally Signed
      Signed by: RAMESH KUMAR SINGH
      Designation: Junior Stenographer
      Reason: Authentication
      Location: High Court of Orissa
      Date: 01-Sep-2023 16:49:08