Orissa High Court
Aparti Sethi vs State Of Odisha And Others ..... ... on 2 April, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.8246 of 2025
Aparti Sethi ..... Petitioner
Represented By Adv. -
Ms. Madhumita Panda
-versus-
State Of Odisha and others ..... Opposite Parties
Represented By Adv. -
Mr. D.K. Sahoo, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
02.04.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
Additional Government Advocate appearing for the State-
Opposite Parties. Perused the writ petition as well as the
documents annexed thereto.
3. The present writ petition has been filed by the Petitioner
with the following prayers:-
"It is therefore, prayed that this Hon'ble Court
may be graciously pleased to issue a writ/writs,
order/orders,direction/directions under Article-226
of theConstitution of India and more particularly
may issue;
(i) writ of certiorari mandamus calling upon the
Opp. Parties to produce the relevant records with
return;
(ii) writ of mandamus directing the Opp. Parties to
sanction, draw, disburse the arrear as well as
current pension as per ORSP Rule, 2017 within a
stipulated period with 18% interest;
(iii) writ of mandamus directing Opp. Parties to
sanction draw and disburse the gratuity and other
retirement benefits as admissible under Rule with
interest;
(iv) and pass such other retirement benefits
asadmissible under law;
And pass such other order/orders of this
Hon'ble Court may deem fit and proper in the facts
and circumstances of the case."
4. It is submitted by the learned counsel for the Petitioner that
the Petitioner while working as Joint Director of Agriculture
(Information) Level-II in the office of the Director of Agriculture
& Food Production, Odisha, superannuated from service w.e.f.
31.01.2017. Thereafter, the Opposite Party No.3 forwarded the
relevant documents to the office of the Opposite Party No.1 for
finalization of the pension and pensionary benefits as is due and
admissible to the Petitioner on 06.04.2017. Since the Opposite
Party No.1 did not take any decision for grant of pension and
pensionary benefits in favour of the Petitioner, the Joint Director
vide his letter No.1333 dated 28.08.2020 requested the Opposite
Party No.3 to sanction the revised provisional pension. While the
matter was pending, the Chief District Agriculture Officer,
Ganjam, Berhampur vide his letter dated 31.05.2022 informed the
competent authority that no proceeding is pending against the
Petitioner. Finally, the Petitioner made a representation before the
Opposite Party No.1 with a prayer to sanction and disburse the
final pension and gratuity on 10.04.2024. Such grievance of the
Petitioner was forwarded by the Opposite Party No.3 to the
Opposite Party No.1. Since no action has been taken and the
Petitioner has been deprived of his legitimate dues of pension and
gratuity benefits, the Petitioner has approached this Court by filing
the present writ petition challenging such inaction on the part of
the Opposite Party No.1.
5. Learned counsel for the State, on the other hand, contended
that although he has no instruction in the matter, however, it
appears that the Petitioner has been submitted a representation to
the competent authority on 10.04.2023. He further contended that
in the event no decision has taken on such representation, he will
have no objection if this Court directs the Opposite Party No.1 to
consider and dispose of the representation of the Petitioner in
accordance with law within a stipulated period of time.
6. Taking into consideration the submissions made by the
learned counsel appearing for the respective parties and on a
careful examination of the background facts, further keeping in
view the delay in grant of pensionary as well as gratuity benefits to
the Petitioner, this Court deems it proper to dispose of the writ
petition at the stage of admission directing the Opposite Party
No.1 to take prompt steps in accordance with law within a period
of eight weeks on the representation of the Petitioner dated
10.04.2023 and in the event there is no other legal impediment,
such benefits be sanctioned and disbursed in favour of the
Petitioner within the aforesaid time. It is further made clear that
since it appears that the Petitioner had no fault for the delay in
sanction and disbursal of the pensionary benefits, the Opposite
Parties are liable to pay penal interest in terms of the judgment of
the Hon'ble Supreme Court in D.D. Tewari (D) through L.Rs. vs.
Uttar Haryana Bijli Vitran Nigam Ltd., reported in 2015 (1) OLR
(SC)-81 within the aforesaid time stipulated.
7. With the aforesaid observation and direction, the writ
petition stands disposed of.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra )
Judge
Debasis
