Purna Chandra Dash vs State Of Odisha And
2023 Latest Caselaw 13673 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No.35714 of 2023

        Purna Chandra Dash                   ....                    Petitioner
                                                     Mr. T.K. Nayak, Advocate

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

                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                            ORDER

06.11.2023 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 circumstances, it is humbly prayed that this Hon'ble Court may be graciously pleased to issue a writ in the nature of writ of mandamus or any other appropriate writ, direction or order by directing the opposite parties to sanction and release pension and pensionary benefits in favour of the petitioner on his retirement w.e.f. 31.01.2021 taking into judgment rendered in the case of Sarat Chandra Parida -vrs- State of Odisha and Others (W.P.(C) No.16425 of 2013 within a stipulated date as per the Orissa Aided Educational Institution Employees Retirement Benefit Rules.=

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 // 2 //

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

Digitally Signed Signed by: BASUDEV SWAIN Designation: Senior Stenographer Reason: Authentication of order Location: High Court of Orissa, Cuttack Date: 06-Nov-2023 16:55:25