Orissa High Court
Santosh Kumar Das vs State Of Odisha And on 13 September, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.29579 of 2023
Santosh Kumar Das .... Petitioner
Mr. A. U. Senapati, Advocate
-versus-
State of Odisha and
Others .... Opposite Parties
State Counsel
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
13.09.2023
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 writ of
mandamus/certiorari or any other appropriate
writ be issued directing the Opp.Parties,
particularly Opp. Party No.1 and 2 to release
pension @ 50% of the last pay drawn, in
accordance with the retirement benefits' Rule
1981, otherwise in accordance with law, being
the approved employee of aided institution as
due & admissible at the rate of 50% of the last
pay drawn in favour of the petitioner in
accordance with Orissa Aided Educational
Institutions Employees Retirement Benefit Rules,
1981 and taking into account the judgment
pronounced by this Hon'ble Court in the case of
Sarat Chandra Parida-v-State of Orissa and
others reported in 2015(II) ILR-CUT-94 within a
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reasonable time to be stipulated by this Hon'ble
Court;
Or in alternative, in the interest of justice &
equity, any other appropriate Writ (s), direction(s),
order(s) be passed, directing the Opp.Parties to
release pension and other financial benefits in
favour of the petitioner from the date of his
retirement in accordance with provisions of the
retirement benefits rules with due interest on the
arrear pension as this Hon'ble High Court deem
fit and proper".
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 and Others, reported in 2015 (II) ILR-CUT-94 within
a period of three (3) 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 stands disposed of.
(Biraja Prasanna Satapathy)
Signature Not Verified Judge
Digitally Signed
Signed by: SUBRAT KUMAR BARIK
Reason: ..
SubratOF ORISSA, CUTTACK
Location: HIGH COURT
Date: 15-Sep-2023 18:42:32
