Prafulla Chandra Nayak vs State Of Odisha & Ors. ..... Opposite ...
2025 Latest Caselaw 2780 Ori

Orissa High Court

Prafulla Chandra Nayak vs State Of Odisha & Ors. ..... Opposite ... on 20 January, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

     IN THE HIGH COURT OF ORISSA AT CUTTACK
                   WP(C) No. 5950 of 2023
Prafulla Chandra Nayak        .....       Petitioner
                                                       Mr. S.C.D. Dash, Advocate
                                 -versus-
State of Odisha & Ors.              .....               Opposite Parties
                                                          Mr. P.K. Panda, ASC
                    CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
                     ORDER

20.01.2025

1. This matter is taken up through hybrid mode.

2. Mr. K.K. Swain, learned counsel and associates entered appearance on behalf of the Petitioner by filing Vakalatnama in Court. The same be kept in record.

3. Petitioner has filed the present writ petition inter alia with the following prayer:-

"Under the above circumstances, it is therefore humbly prayed that this Hon'ble Court may be graciously pleased to issue a writ in the nature of mandamus or any other appropriate writ may be issued by quashing the impugned order No.1244 dt.18.01.2021 passed by the Opp. Party No.1 under Annexure-6, which was communicated to the Petitioner by Block Education Officer, Garadpur vide Letter No.3027 dt.29.10.2022 and thereafter Issue necessary direction to the Opp. Parties more specifically the Opp. Party No.1 & 2 to sanction and pay the pension and pensionary benefits w.e.f.01.03.2020 in terms of Rule-3 of the Orissa Aided Educational Institutions Employees Retirement Benefit Rules, 1981, keeping in view of the ratio decided by this Hon'ble Court in case of Sarat Chandra Parida Vrs. State of Orissa,

reported in 2015(II) ILR-CUT-94, within a reasonable time to be stipulated by this Hon'ble Court;

Issue any direction/directions, order/orders, writ/writs which would be deemed fit and proper in the facts and circumstances of the case;

And for this act of kindness, the petitioner shall as in duty bound ever pray."

4. It is contended that the issue involved in the present writ petition is covered by the Judgment of this Court so passed on 12.01.2024 in W.P.(C) No. 17067 of 2023 and batch.

5. In view of such submissions made by the learned counsel appearing for the Parties, the present writ petition is disposed of with quashing of order dtd.18.01.2021 under Annexure-6 in the light of the order so passed in W.P.(C) No. 17067 of 2023 and batch.

(BIRAJA PRASANNA SATAPATHY) Judge Sneha

Location: High Court of Orissa, Cuttack