Orissa High Court
Prafulla Chandra Patra vs State Of Odisha & Ors. ..... Opposite ... on 18 February, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No. 182 of 2025
Prafulla Chandra Patra ..... Petitioner
Mr. S.C. Sahoo, Advocate
-versus-
State of Odisha & Ors. ..... Opposite Parties
Mr. S.K. Jee, AGA
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
18.02.2025
1. This matter is taken up through hybrid mode.
2. Memo containing the decision passed in the case of Harbans Lal
Vs. State of Punjab & Ors. filed in Court be kept in record.
3. Heard learned counsel for the Petitioner and learned counsel
appearing for the Opp. Parties.
4. Petitioner has filed the present writ petition inter alia with the
following prayer:-
"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 in favour of the petitioner on the
basis of his initial date of appointment 19.01.1988 as
DLR along with regular service as qualifying service for
computing the minimum pensionary benefits in view of
the settled principles of law decided by the Punjab and
Haryana High court in Harbans Lal V. The State of
Punjab and others (CWP No. 2371 of 2010, decided on
31.8.2010) which has been upheld by the Hon'ble Apex
court in SLP(c) No. 23578 of 2012 (SLP(C)..CC No.
17901 of 2011) disposed of on 30.7.2012(State of Punjab
and others vrs. Harbans Lal) and also in the case of
Jeewan Lata v. State of Punjab and others, CWP No.
10238 of 2017 (O&M) decided on 10.5.2019 and
judgment dt.26.8.2020 of the Apex court in Civil Appeal
No. 3984 of 2010; V. Sukumaran vrs. State of Kerala and
others and Amarkant Rai vrs. State of Bihar & others
reported in (2015) 5 SC 265 and grant pension and all
consequential benefits;
(ii). Pass such other order (s)/direction(s) as would
be deem fit and proper in the bonafied interest of justice;
And for which act of kindness, the petitioner as in
duty bound shall ever pray."
5. Learned counsel for the Petitioner submits that though
highlighting his grievances, Petitioner has filed a complaint petition
at Annexure-4 to the Writ Petition before the Opp. Party No. 1, but
till date nothing has been done in the matter. In such background,
learned counsel for the Petitioner prays that a direction be issued to
Opposite Party No. 1 to take a decision on the above noted Petition
within a specific time period.
6. Considering the submissions made and without expressing any
opinion on the merits of the case, this Court directs Opposite Party
No. 1 to take a decision on the above noted petition in accordance
with law, within a period of three (3) months from the date of
receipt of this order and communicate the result of such exercise to
the Petitioner.
7. The Writ Petition is disposed of accordingly.
Digitally Signed Judge
Location: High Court of Orissa, Cuttack
Date: 19-Feb-2025 19:10:40
