Sk. Samsul Arefin vs State Of Odisha And
2023 Latest Caselaw 14418 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No.36742 of 2023

        Sk. Samsul Arefin                     ....                    Petitioner
                                                     Mr. R.C. Mishra, Advocate
                                          -versus-
        State of Odisha and
        Others                                ....               Opposite Parties
                                                                  State Counsel
                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                            ORDER

13.11.2023 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: -

<It is therefore, prayed that this Hon'ble Court may graciously be pleased to issue rule NISI calling upon the Opp. Parties to show cause as to why the petitioner shall not be entitled to receive pension and other retirement benefits with effect from 1.7.2023 i.e. the date following the date of retirement of the petitioner, in the light of the judgment of this Hon'ble Court rendered in the case of Sarat Chandra Parida -vrs- State of Odisha and Others, reported in 2015 (II) ILR, Cuttack-94 which was confirmed by the Hon'ble Supreme Court in SLP(C) CC No.761 of 2016 and judgment dated 20.08.2019 of this Hon'ble Court in W.P.(C) No.22316 of 2018 and if the Opp. Parties fail to show cause or show insufficient cause, make the rule absolute and issue a writ of mandamus directing the Opp. Parties to grant pension and other retirement benefits to the petition with effect from 1.7.2023 i.e. the date following the date of retirement of the petitioner in the light of the judgment of this Hon'ble court // 2 //

rendered in the case of Sarat Chandra Parida - Vrs- State of Odisha and Others, reported in 2015(II) ILR Cuttack-94 which was confirmed by this Hon'ble Supreme Court in SLP(C) CC No.761 of 2016 and judgment dated 20.08.2019 of this Hon'ble Court passed in W.P.(C) No.22316 of 2018 and to pay all arrear dues as accruing there from to the petitioner with interest at the rate of 12% per annum within a stipulated time and may issue any other writ/writs, order/orders, direction/directions, as to which this Hon'ble Court deem just and proper for ends of justice.=

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 Designation: Senior Stenographer Reason: Authentication of order Location: High Court of Orissa, Cuttack Date: 15-Nov-2023 15:21:21