Orissa High Court
Brajabandhu Pradhan vs State Of Odisha And on 14 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.25170 of 2023
Brajabandhu Pradhan .... Petitioner
Mr. S.K. Rath, Advocate
-versus-
State of Odisha and
Others .... Opposite Parties
State Counsel
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
14.08.2023
Order No.
01. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel for the Petitioner and
learned State Counsel for the Opposite Parties.
3. The Petitioner has filed the present Writ Petition
with the following prayer: -
<Under the above facts and circumstances
of the case, it is humbly prayed that this Hon'ble
Court may graciously be pleased to issue writ of
mandamus/certiorari or any other appropriate
writ be issued directing the Opp. Parties,
particularly Opp. Party No.2 and 3 to release
pension @ 50% of the last pay drawn, in
accordance with the retirement benefits Rule,
1981, otherwise in accordance with law, being
the approved employee of an aided institution as
due and admissible at the rate of 50% of the last
pay drawn in favour of the petitioner in
accordance with Orissa Aided Educational
Institutions Employees Retirement Benefit Rules,
1981 and taking into account the judgment
pronounced by this Hon'ble Court in the case of
Sarat Chandra Parida-v-State of Orissa and
others reported in 2015(II) ILR-CUT-94 within a
reasonable time to be stipulated.
// 2 //
Or in alternative, in the interest of justice &
equity, any other appropriate Writ(s), direction(s),
order(s) be passed, directing the Opp. Parties to
release pension and other financial benefits in
favour of the petitioner from the date of his
retirement in accordance with provisions of the
retirement benefits rules with due interest on the
arrear pension as this Hon'ble High Court deem
fit and proper.=
4. However, taking into account the claim raised in the
present Writ Petition, liberty is granted to the Petitioner to
make a detailed representation before Opp. Party No.1 by
enclosing all the relevant documents and citations in
support of his claim, if any, within a period three weeks
hence.
5. It is observed that if such a representation is filed
within the aforesaid period, Opp. Party No.1 shall do well
to take a lawful decision on the same in the light of the
order passed in the case of Sarat Chandra Parida Vrs. State
of Odisha, reported in 2015 (II) ILR-CUT-94 within a period of
three months from the date of receipt of such
representation. The order so passed by the Opp. Party
No.1 be communicated to the petitioner.
6. With the aforesaid observation and direction, the
Writ Petition is disposed of.
(Biraja Prasanna Satapathy)
Judge
Basudev
Signature Not Verified
Digitally Signed
Signed by: BASUDEV SWAIN
Reason: Authentication of order
Location: High Court of Orissa, Cuttack
Date: 15-Aug-2023 11:02:19
