Orissa High Court
K. Jagga Rao vs Union Of India And Others ..... Opposite ... on 2 April, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.7277 of 2025
K. Jagga Rao ..... Petitioner
Represented By Adv. -
Ms. Sandhyarani Pani
-versus-
Union of India and others ..... Opposite Parties
Represented By Adv. -
Mr. P.K. Parhi, DSGI
along with
Mr. D. Gochhayat, CGC
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
Central Government Counsel appearing for the Union of India-
Opposite Party No.1.
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
writ/writs, order/orders and direction/directions
under Article-226 of the Constitution of India and
more particularly to issue:-
1. Writ of Mandamus directing the Opposite
Parties to process the Joint Option Forms
preferred by the petitioner under annexure-5
series and pay the enhancement of pension in
the light of judgment/order dated 4.11.2022 of
Hon'ble Supreme Court in SLP© No.8658-
8659 of 2019 under annexure-4 & pay the
arrear amounts forthwith by implementing the
instruction of Central Provident Fund
Commissioner under annexure-6 without
further delay.
2. Direction directing the opposite parties to
consider the representation under annexure-8
within stipulated period in the light of
judgment/order under annexure-4, 9 & 9
series.
3. Direction directing the opposite parties to pay
the arrear amount to the petitioner for
inordinate delay along with 18% interest per
annum on the arrear pension from the date of
retirement to till the actual payment.
4. Pass such other order/orders as the Hon'ble
Court may deem fit and proper in the facts and
circumstances of the case in the interest of
justice."
4. It is submitted by learned counsel for the Petitioner that
although the Petitioner has filed representation dated 23.01.2025
before the Opposite Party No.4-Assistant Commissioner
Employees Provident Fund Organization, Regional Office,
Berhampur under Annexure-8, but the same is still pending
before the said Opposite Party and the said Opposite Party has
not taken any decision as of now.
5. Learned Central Government Counsel appearing for the
Union of India-Opposite Party No.1 submits that he has no
objection, if a direction is given to the authority concerned to
consider the representation of the Petitioner in accordance with
law within a stipulated period of time.
6. Considering the submissions made by the respective
parties and without expressing any opinion on the merits of the
case, this Court disposes of the writ petition at the stage of
admission with a direction to the Opposite Party No.4-Assistant
Commissioner Employees Provident Fund Organization,
Regional Office, Berhampur to consider the representation dated
23.01.2025 of the Petitioner under Annexure-8 in accordance
with law within a period of eight weeks from the date of
production of a certified copy of this order. It is needless to
mention here that the representation of the Petitioner shall be
considered and disposed of by passing a speaking and reasoned
order. Any decision so taken on the said representation shall be
communicated to the Petitioner within ten days thereafter.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra )
Judge
Debasis
