State Of Odisha And Others vs Jadunath Nayak
2023 Latest Caselaw 8903 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                          W.A. No.369 of 2021

State of Odisha and others               .....                              Appellants
                                                                Mr. M.K.Khuntia, AGA
                                         Vs.
Jadunath Nayak                           .....                               Respondent
                                                            Mr. Bimbisar Das, Advocate
                   CORAM:
                      THE CHIEF JUSTICE
                     JUSTICE SAVITRI RATHO

                                                ORDER

09.08.2023 Order No. I.A. No.930 of 2021

05.

1. This matter is taken up through hybrid mode.

2. The Stamp Reporter has made a note that according to the decision

of the Apex Court vide order dated 04.03.2021 passed in Suo Motu W.P.

(C) No.08 of 2020, there is no delay.

3. In view of the said observation of the Stamp Reporter, this

Interlocutory Application has become inessential. Hence, it is disposed

of.

(S.Talapatra) Chief Justice

(Savitri Ratho) Judge

06. I.A. No.929 of 2021

1. Mr. M.K.Khuntia, learned Addl. Government Advocate submits

that without the certified copy, the appellants have filed the appeal with

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the downloaded copy of the order dated 23.02.2021 passed in W.P. (C)

No.3344 of 2021, to meet urgency of obtaining the order of stay in

respect of the impugned order.

2. Mr. Bimbisar Das, learned counsel appearing for the respondent

has submitted that if filing of the certified copy of the order dated

23.02.2021 is dispensed with, they will have no objection. As there is no

impedement, we dispense with filing of the certifeid copy of the certified

order.

3. In the result, the Interlocutory Application stands allowed and

disposed of.

(S.Talapatra) Chief Justice

(Savitri Ratho) Judge

07. W.A.No.369 of 2021

01. By this intra court appeal, the order dated 23.02.2021 passed by

the learned Single Judge in W.P. (C) No.3344 of 2021 has been

challenged. By the said judgment, the learned Single Judge has directed

that in view of the inordinate delay in disposal of the retiral dues, the

petitoner will be entitled to interest on the retiral dues @ 6% all through.

Interest on the retiral dues be calculaated and remitted to the petitoner by

completing the entire exercise within a period of one month from the date

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of calculation of the retiral dues and, failure of which, will entitle the

petitoner to have interest @ 8% all through. That apart, the learned

Single Judge has imposed a cost of Rs.10,000/- to be paid to the writ

petitoner (the respondent in the Writ Appeal).

02. Mr.Bimbisar Das, learned counsel appearing for the respondent

has submitted that the petitoner has been acquitted from the charge, as

was framed under Sections 409/468/109 of IPC, by the order dated

09.02.2023 delivered in Trial No.436 of 2021 corresponding to G.R.

Case No.286 (A) of 1978. Therefore, the respondent cannot be attributed

with any stigma after 09.02.2023. Hence there cannot be any reason to

withhold the payment any longer. The said order of acquittal is taken on

record.

03. It has been agreed by learned counsel for the respondent that the

respondent will not claim interest as directed by the learned Single Judge

nor will he claim the cost from the State.

04. In view of the above statement made by Mr.Das, learned counsel

appearing for the respondent, we dispose of this appeal directing the

appellants to pay all the retiral benefits of the respondent (the writ

petitioner) within a period of 30 days from today. If the payment is not

made within 30 days from today, the appellants shall pay an additional

amount of Rs.50,000/- (Rupees fifty thousand) to the repondent (the writ

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petitioner) as costs.

Bichi

05. It is made further clear that within the said stipulated period, the

respondent's (the writ petitioner's) regular pension shall be released. The

respondent shall file all the papers required to process the regular

pension. The days of delay in filing the papers as may be made by the

respondent (the writ petitioner) shall be added to the stipulated time.

06. Urgent certified copy of this order be granted as per rules.

(S.Talapatra) Chief Justice

(Savitri Ratho) Judge

Signature Not Verified Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 14-Aug-2023 19:48:25