Orissa High Court
Rabi Narayan Patra vs State Of Odisha & Another on 10 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.15073 of 2023
Rabi Narayan Patra .... Petitioner
Mr. P.K. Nanda, Advocate
-versus-
State of Odisha & another .... Opposite Parties
Mr. S. Das, AGA
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 10.05.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard Mr. P.K. Nanda, learned counsel appearing for the
petitioner as well as Mr. S. Das, learned Addl. Government Advocate
for the State-Opposite Parties. Perused the writ petition as well as the
documents annexed thereto.
3. The present writ application has been filed by the Petitioners
with the following prayer:-
"It is, therefore, humbly prayed that the Hon'ble
Court may graciously be pleased to issue Rule NISI
calling upon the Opp. Parties to show cause as to why
the regular pension with arrears of the Petitioner shall
not be disbursed within stipulated time with accrued
interest and further be pleased to direct the Opp. Parties
to disburse the financial benefits to the petitioner by
taking into consideration in the promotional post with
immediate effect and on perusal of causes shown, if any,
or any insufficient causes shown, make the said rule
absolute and may pass such other order/orders as
deemed just and proper."
4. It is submitted by learned counsel for the Petitioner that the
Petitioner who was working as a Junior Clerk in the Office of Sub-
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Registrar, Satyabadi was entail in a criminal case on 30.06.1993 bearing
Vigilance Department T.R. Case No.16 of 1997 and accordingly was
placed under suspension from 30.07.1993 to 31.07.1994. Thereafter, he
was reinstated in service on 31.07.1995. It is further contended by
learned counsel for the Petitioner that the Petitioner has retired from
service on attaining the age of superannuation with effect from
28.02.2011.
5. Learned counsel for the Petitioner also contended that the
vigilance case in which the Petitioner was entitled has ended in acquittal
vide judgment dated 22.02.2009. Thereafter, the State had preferred a
Government Appeal before this Court bearing GCRLA No.13 of 2016.
The above noted GCRLA was finally heard and disposed of vide order
dated 12.10.2022 upholding the acquittal of the Petitioner in the trial.
After disposal of the above noted criminal appeal, the Petitioner
approached the authorities for disbursal his pensionary benefits as well
as arrear service and financial benefits by filing a representation on
07.11.2022. The District Registrar, Puri has forwarded the same to the
Govt. vide letter dated 05.12.2022 and therefore the matter is pending at
the Govt. level. Accordingly, since nothing is happening the petitioner
is not getting his legitimate dues and he has approached this Court by
filing a writ Petition.
6. Learned Addl. Government Advocate, on the other hand
submitted that after the acquittal was upheld by this Court in GCRLA
No.13 of 2016, the District Registrar, Puri has written a letter to the
Additional Secretary to Govt., R & D.M. Dept. on 27.12.2022
seeking clarification on implementation of order dated 12.10.2022
passed in the above noted Criminal appeal. Therefore, learned Addl.
Government Advocate submitted that basing on such letter take a
decision by the Opposite Party No.1 and necessary clarification be
given to the District Registrar, Puri within a stipulated period of time
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and in accordance with law and he will have no objection to the
same.
7. Considering the submissions made by learned counsels
appearing for the respective parties and a careful consideration of the
background facts of the present case, this Court observed that the
District Registrar, Puri after disposal of the GCRLA No.13 of 2016
has sought for clarification to the Government. In such view of the
matter, this Court deems it proper to dispose of the writ application
by directing to Opposite Party No.1 to give necessary clarification on
letter dated 27.10.2022 issued by the Office of District Registrar, Puri
within a period of six weeks from the date of communication of copy
of this order. Thereafter, the District Registrar, Puri shall take a
decision in accordance with law. In the event, the petitioner is
entitled to get the benefits as he has claimed and if there is no other
legal impediment the District Registrar, Puri-Opposite Party No.6
shall do well to sanction and disburse the amount as is due and
admissible as per law to the petitioner within a period of six weeks
from the date of taking such a decision.
8. With the aforesaid observations/ directions, the writ
application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
ANIL Digitally signed by
ANIL KUMAR SAHOO
KUMAR Date: 2023.05.11
SAHOO 11:05:06 +05'30'
