Nirmala Kumari Nayak vs State Of Odisha And
2023 Latest Caselaw 13589 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No.34963 of 2023

        Nirmala Kumari Nayak                ....                    Petitioner
                                                      Mr. A. Sahoo, Advocate

                                         -versus-
        State of Odisha and
        Others                              ....               Opposite Parties
                                                                State Counsel

                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                           ORDER

02.11.2023 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 Rule Nisi asking show cause as to why this writ application shall not be allowed by directing the Opp. parties to release pensionary and other retiral benefits in favour of the petitioner w.e.f. 01.09.2023, as she is entitled to the same under the Orissa Aided Educational Institutions Employees Retirement Benefits Rule, 1981, within a reasonable time to be stipulated by this Hon'ble Court, by taking into account the judgment law pronounced by this Hon'ble Court in case of Sarat Chandra Parida Vrs. State of Odisha and Others, reported in 2015(II) ILR-CUT- 94, which has been affirmed by the Hon'ble Apex Court in S.L.P. (c) No.2031 of 2016, decided on 19.01.2016. In the event, no show cause or // 2 //

insufficient show cause is filed then the said rule be made absolute in favour of the petitioner.=

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 her 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

Digitally Signed Signed by: BASUDEV SWAIN Designation: Senior Stenographer Reason: Authentication of order Location: High Court of Orissa, Cuttack Date: 03-Nov-2023 18:16:29