Orissa High Court
Raj Kishore Sahoo vs ) State Of Odisha ..... Opposite Parties on 17 July, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.19116 of 2025
Raj Kishore Sahoo ..... Petitioner
Represented By Adv. -
Laxmikanta Mohanty
-versus-
1) State Of Odisha ..... Opposite Parties
2) Director Of Public Health, Represented By Adv. -
Odisha Mr.D.N.Lenka,AGA
3) Chief Dist. Medical And Public
Mr.S.K.Patra, Standing
Health Officer, Kandhamal
Counsel for A.G.Odisha
4) Accountant General A And E,
Odisha
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
17.07.2025
Order No.
02. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. On perusal of Caveat No.448 of 2025, it appears that the
same does not relate to the present case. Office is directed to
verify the same and attach the same in the correct record.
3. Heard learned counsel appearing for the petitioners as well
as learned Addl. Government Advocate for the State-Opposite
Parties. Perused the writ petition as well as the documents
annexed thereto.
4. The present writ application has been filed by the
Petitioner with the following prayer:-
"It is, therefore, prayed that this Hon'ble
Court may graciously be pleased to issue notice to
the opp. parties calling upon them to file show
cause as to why:-
i) a direction shall not be issued to release the
final pension and pensionary benefit of the
petitioner as per his last pay drawn as on
30.06.2024 as per Rule 47(2)(a) of
OCS(Pension) Rule 1992 as well as the order
passed by this Hon'ble Court dated
14.08.2023 under Annexure-8 and order
passed by the Opp.Party No.1 dated
02.05.2024 under Annexure-9 as well as the
order passed by the Op..Party No.1 dated
10.04.2025 issued under Annexure-10.
ii) And after hearing the parties be pleased to
direct the Opp.Parties to release the final
pension and pensionary benefits of the
Petitioner as per his last pay drawn as on
30.06.2024 taking into consideration the
earlier order of this Hon'ble Court as well as
the order passed by the Opp.Party No.1
under Annexure-9 and 10 with 9% interest on
the pensionary benefits from the date of
entitlement till payment is released.
And pass any other order/orders,
direction/directions as this Hon'ble Court may
deem fit and proper."
5. It is submitted by learned counsel for the petitioner that the
Petitioner joined in service as MPHW (M) in the Kandhamal
district on 30.03.1983. He further submitted that the petitioner
has been granted financial up-gradation under the RACP scheme
at the rate of Rs.4,800/- under Annexure-6 to the writ
application. Being aggrieved by such decision of the Opposite
Parties the Petitioner has approached the Opposite party for
enhanced grade pay of RACP scheme at the rate of Rs.5400/- .
Since the same dispute is pending before the Opposite Parties,
no final decision has been taken and accordingly the pension
papers of the petitioner has not been finalised as of now.
Learned counsel for the petitioner at this juncture submitted that
the petitioner has retired from service in the meantime with
effect from 30.06.2024. In such view of the matter, learned
counsel for the petitioner submitted before this court without
prejudice of the rights of the Petitioner, the Opposite party be
directed to finalise the pay of the Petitioner by taking into
consideration the grade pay of Rs.4,800/- which has been
granted by the Opposite Party and accordingly the pension
papers of the Petitioner be processed and forwarded to the office
of the Accountant General forthwith.
6. Learned Addl. Standing Counsel, on the other hand,
submitted that since the dispute with regard to grade pay is
pending, the pay has not been fixed finally. Accordingly, there is
some delay in finalising the pensionary benefits of the Petitioner.
However, the petitioner is aggrieved to the grade pay which has
already been sanctioned in favour of the Petitioner, he will have
no objection in the event this Court directs the Opposite Party to
process the pension papers of the Petitioner and forward the
same at the office of the Principal Accountant General.
7. Considering the submission made by the learned counsel
for the petitioner as well as learned counsel for the State, on a
careful consideration of factual background as well as the
documents annexed to the writ application, further keeping in
view the settled position of law laid down by this Court in
relevant judgments, this Court deems it proper to dispose of the
writ application at the stage of admission by directing the
Opposite Party No.1 to consider the representation of the
petitioner dated 17.04.2025 under Annexure-11 within a period
of two months from the date of communication of the certified
copy of today's order. It is further directed that while
considering the representation, the Opposite Parties shall take
into consideration the judgments of this Court as well as
documents under Annexures-9 and 10 to the writ application.
Further in the event the opposite parties come to a conclusion
that the petitioner is entitled to the benefits and gratuity claimed
as per the grade pay @ of 4,800, necessary steps be taken to
prepare the pension paper accordingly and necessary further
steps be taken for sanction and disbursal of the pension papers in
favour of the petitioner within a period of six weeks from the
date of taking such a decision. Any decision taken by the
opposite parties in the meantime shall be duly communicated to
the petitioner from time to time.
8. With the aforesaid observations/ directions, the writ
application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
RKS
Designation: AR-CUM-Senior Secretary
Location: High Court of Orissa
Date: 18-Jul-2025 18:09:34
