Orissa High Court
) Dhruba Charan Nayak vs ) State Of Odisha ..... Opposite Parties on 10 February, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.2762 of 2025
1) Dhruba Charan Nayak ..... Petitioners
2) Pradeep Ku Panda Represented By Adv. -
3) Bisikesan Benya Siba Prasad Swain
4) Kailash Chandan Mahapatra
5) Bipin Bihari Mohapatra
6) Surya Narayan Sahu
7) Suresh Parichha
8) Bira Kishore Garnayak
9) Bhabani Shankar Nayak
10) Nrusingha Prasad Sarangi
11) Dasarathi Gomango
12) Braja Bihari Dipa
13) Ganapati Rout
14) Rama Ch Rana
-versus-
1) State Of Odisha ..... Opposite Parties
2) Principal Secy, Finance Dept Represented By Adv. -
Mr. S.K.Parhi, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
10.02.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioners as well as learned
counsel for the State-Opposite Parties.
3. The present writ application has been filed with a prayer for a
direction to the Opposite Parties to grant/release the pension and
pensionary benefits along with interest in favour of the petitioners by
taking into consideration order dated 31.01.2024 under Annexure-4
within a stipulated period of time.
4. Learned counsel for the petitioners at the outset contended that
the petitioners stand in a similar footing with one Niranjan Biswal. He
further contended that in the case of Niranjan Biswal, this Court had
allowed similar benefits in W.P.(C) No.6267 of 2018 (State of Odisha
and others vs. Niranjan Biswal). He further contended that in the
aforesaid judgment the Division bench of this Court has upheld the
judgment of the OAT, whereunder the abovenamed Niranjan Biswal
has been granted similar benefits as has been claimed by the present
petitioners. He further submitted that the order passed by the Division
Bench, was challenged before the Hon'ble Supreme Court by the State-
Opposite Parties by filing SLP No.28065 of 2019. The aforesaid SLP
has been dismissed vide order dated 18.05.2022. In such view of the
matter, learned counsel for the petitioners further contended that the
case of the petitioners are squarely covered by the ratio laid down by
this Court in Niranjan Biswal's case. He further contended that in a
similar matter in Naresh Chandra Swain and others vs. State of
Odisha and another in W.P.(C) No.11911 of 2024, this Court while
disposing of the writ petition vide order dated 13.05.2024 directed the
Opposite Parties to consider the case of the petitioners in the light of the
aforesaid Niranjan Biswal's case and that the ratio laid down
abovenamed Niranjan Biswal's case has attained finality.
5. Learned counsel for the State on the other hand objected to the
prayer made in the present writ application. He further submitted that it
is not an established as to whether the petitioners stand in a similar
footing with the Niranjan Biswal, or that the order passed by the
Division Bench has been confirmed by the Hon'ble Supreme Court. He
further contended that unless it is established the petitioners stand in a
similar footing with the abovenamed Niranjan Biswal he cannot get the
similar benefits. On such ground, learned counsel for the State objected
to the writ application.
6. Having heard the learned counsels appearing for the respective
parties, on a careful examination of the materials on record, this court
observes that the petitioners have not approached the Opposite Party
No.1 as of now, claiming the benefit which has claimed in the present
writ application. Accordingly, this court deems it proper to dispose of
the writ petition by granting opportunity to the petitioners to approach
the Opposite Party No.1 by filing a detailed representation taking
therein all the grounds within two weeks from today. In such
eventuality, the Opposite Party No.1 shall do well to consider the
representation of the petitioners within a period of eight weeks from the
date of receipt of the copy of the representation along with copy of
today's order by passing a speaking and reasoned order. While
considering the representation of the petitioners the Opposite Party
No.1 shall apply the ratio laid down in State of Odisha and others vs.
Niranjan Biswal, in the event it is found that the petitioners stand in a
similar footing with the abovenamed Niranjan Biswal.
7. With the aforesaid observation and direction, the writ application
stands disposed of.
8. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Rubi
Location: High Court of Orissa, Cuttack
