Orissa High Court
Rabindra Kumar Panigrahi vs State Of Odisha And Others ..... ... on 3 April, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.9155 of 2025
Rabindra Kumar Panigrahi ..... Petitioner
Represented By Adv. -
Prafulla Kumar
Mohapatra
-versus-
State Of Odisha and others ..... Opposite Parties
Mr. U.C. Jena, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
03.04.2025
Order No.
01. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the petitioner as well as
learned counsel for the State. Perused the record.
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:-
(i). Direct the opp. parties to sanction
pension and pensionary benefits on the
basis of his 20 years and 7 months of
regular service from 31.12.1999 till the date
of retirement 31.07.2020 in view of the
decision of the State Administrative
Tribunal in O.A. No. 17(B)/2000 and
O.A.No. 282/2008 and in the light of the
benefits given to Prasanna ku. Rath vide
Annexure-11 and his date os joining as
Amin i.e. 31.12.1999 be reckoned as date
of initial appointment for calculation of
pensionary benefits and the period of gross
service rendered by the petitioner from
31.12.1999 to 31.07.2020 which includes
the intervening period (01.04.2001 to
16.10.2007 having notional calculation on
salary entitlement and accordingly his
Gratuity according to payment of Gratuity
Act 1972 be settled and released in favour
of the petitioner keeping in view the dictum
of the Tribunal in O.A. No. 17(B)/2000 and
thereby quashing the order dated
24.12.2024 vide Annexure-10 as it is illegal
and not in consonance with the decision in
O.A. No. 17(B)/2000 and grant all
consequential benefits;
(ii). Pass such other order (s)/direction(s)
as would be deem fit and proper in the
bonafide interest of Justice,"
4. It is submitted by learned counsel for the petitioner
that although the petitioner has filed representation dated
29.11.2021 before the Secretary to Government of Odisha,
Water Resources Department, Bhubaneswar (Opposite
Party No.1), the same has been rejected vide order dated
24.12.2024 under Annexure-10 whereby his claim for grant
of pension on the basis of his service rendered under
Regular Wages estt. has been rejected by the Opposite
Parties.
5. Considering the submissions made, this Court
observes that the order dated 24.12.2024 under
Annexure-10 is not sustainable and the same is hereby
quashed and the matter is remanded back to the Secretary
to Government of Odisha, Water Resources Department,
Bhubaneswar (Opposite Party No.1) with a direction to re-
examine the case of the Petitioner in accordance with the
decision cited in the writ petition vide Annexure-4, 5 & 11
and taking into account under Annexure-6 in accordance
with law within a period of two months from the date of
production of certified copy of this order giving opportunity
of hearing to the petitioner. It is needless to mention here
that the case of the Petitioner shall be considered in
accordance with Annexure-11 and disposed of by passing
a speaking and reasoned order. Any decision so taken on
the aforesaid matter, the same shall be communicated to
the petitioner within a period of two weeks thereafter.
6. It is open for the petitioner to appear before the
Opposite Party No.1 along with documents, judgments and
citations in support of his contentions. In the event the
petitioner appears before the Opposite Party No.1 with
such documents along with judgments and citations filed,
the same shall be considered by the Opposite Party No.1
in accordance with law and he shall do well to take a final
decision by passing a speaking and reasoned order. The
order so passed be communicated within ten days
thereafter.
7. With the aforesaid observation/direction, the writ
petition is disposed of.
Urgent certified copy of this order be granted on
proper application.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Signed by: SANTANU KUMAR ROUT Page 4 of 4.
Location: High Court of Orissa, Cuttack
Date: 04-Apr-2025 16:21:29
