Orissa High Court
Balakrishna Sahu vs State Of Odisha And Another .... Opp. ... on 28 November, 2023
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.37821 of 2023
Balakrishna Sahu .... Petitioner
Ms. B.K. Pattanaik, Advocate
-versus-
State of Odisha and another .... Opp. Parties
Mr. P.K. Muduli, A.G.A.
Mr. S.K. Patra,
Standing Counsel appearing for the Accountant
General (A&E), Odisha, Bhubaneswar
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 28.11.2023
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
counsel for the State-Opposite Parties.
3. The present writ petition has been filed by the Petitioner
with the following prayers:-
"It is therefore humbly prayed that this Hon'ble
Court may graciously be pleased to admit the case,
call for the records and after hearing both the parties
pass the follow reliefs;
i. To direct the Opp. Party No.1 to release
the arrear pensionary dues in favour of
the petitioner since the day he enters 80
years of age and further direct the Opp.
party No.1 to refix his pension as per
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establish principle of law.
And pass such other order(s)/direction(s) as
may be deemed fit and proper for the interest of
justice."
4. The grievance of the Petitioner in the present writ petition is
that the Petitioner who is entitled to enhance pension on attending
the age of 80 years as provided under the Government Guideline
vide F.D. No.3653/F dated 19.01.2009, such benefit has not been
extended to the Petitioner. Learned counsel for the Petitioner
further contended that the present Petitioner, who is aged about 81
years, is facing financial hardship. In course of his argument,
learned counsel for the Petitioner referred to judgment of the
Hon'ble Supreme Court in Union of India & Ors. v. Virendra
Dutt Gyani (Special Leave Petition (Civil) Diary No.18133 of
2019 decided on 08.07.2019), thereby affirming the judgment of
the Gauhati High Court dated 15.03.2018 wherein an identical
issue was adjudicated by the Gauhati High Court. Learned counsel
for the Petitioner further contended that this Court in an earlier writ
petition, i.e., in Ratnakar Padhi v. State of Odisha and another
(W.P.(C) No.15970 of 2023, decided on 18.05.2023), has also
taken a similar view and directed the authorities to consider the
case of the Petitioner in that case.
5. Learned Additional Standing Counsel appearing for the
State-Opposite Parties, on the other hand, submitted that the
entitlement of the Petitioner is to be examined in the light of
Government Circular under Annexure-2 to the writ petition.
Therefore, he will have no objection in the event this Court directs
the authorities to examine the case of the Petitioner in the light of
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the Government Circular under Annexure-2 to the writ petition
within a stipulated period of time.
6. Considering the submissions made by the learned counsel
appearing for the Petitioner and keeping in view the fact that the
Petitioner is aged about 81 years, this Court thinks it proper to
dispose of the writ petition at the stage of admission by directing
the Opposite Party No.1 to consider the case of the Petitioner in
terms of the Government Circular under Annexure-2 as well as the
judgment referred to hereinabove and take a final decision within a
period of four weeks from the date of communication of a certified
copy of this order. Further, it is also directed that in the event the
case of the Petitioner is covered under Government Circular under
Annexure-2 to the writ petition, then the consequential financial
benefits of enhancement of the pension be extended and disbursed
in favour of the Petitioner within a period of four weeks from the
date of taking such decision.
7. With the aforesaid observation and direction, the writ
petition is disposed of.
( A.K. Mohapatra)
Judge
Debasis
