Orissa High Court
Uttam Charan Behera vs State Of Odisha & Others .... Opp. ... on 7 July, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.17967 of 2025
Uttam Charan Behera .... Petitioner
Mr. Prabin Das, Advocate along
with S. Mishra, Advocate
-versus-
State of Odisha & Others .... Opp. Parties
Mr. Dayanidhi Lenka, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Order ORDER
No. 07.07.2025
01. 1. This matter is taken up through Hybrid
Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well
as learned counsel for the State-Opposite Parties.
Perused the writ petition as well as the documents
annexed thereto.
3. The present writ petition has been filed by the
Petitioner with the following prayers:-
"It is, therefore, prayed that this Hon'ble
Court may graciously be pleased to admit
the Writ Petition and issue RULE NISI,
thereby calling upon the opposite parties, to
show cause as to why the petitioner shall
not be granted with the retiral benefits
including pension to be paid regularly and
will not be further directed to pay interest
at such rate as this Hon'ble Court may
deem fit and proper over and above the
amount of arrear pension, to be paid within
a stipulated time and on their failure to
show cause or showing insufficient cause,
to make the said RULE absolute, by
directing the opposite parties, to pay the
pension to the petitioner and release the
arrear pension within a stipulated time
along with interest @ 12 % from the date
when such amount fell due till the date of
disbursement thereof and may also be
pleased to pass such other or further
order(s)/direction(s), as may be found just
and proper in the facts and circumstances
of the case."
4. Learned counsel for the Petitioner, at the outset,
contended that initially the Petitioner was appointed as
an employee under the Cuttack Development Authority
prior to 01.01.2005. He further contended that the
Petitioner is entitled to get pensionary benefits.
However, the Cuttack Development Authority
introduced a rule, namely, Odisha Development
Authorities (Retirement Benefit of the Employees)
Rules, 2015 w.e.f. 11.08.2015. The vires of the
aforesaid rule was assailed before the Division Bench
of this Court in W.P(C) No.18559 of 2015. The Hon'ble
Division Bench vide judgment dated 04.12.2023
declared the aforesaid rule to be ultra vires and in
Paragraph-81 of the judgment laid down a detailed
guideline with regard to the employees of the Cuttack
Development Authority. For better appreciation, such
guideline is extracted herein below:-
2
"81. In view of the discussions, as above,
the Odisha Development Authorities
(Retirement Benefit of the Employees)
Rules, 2015 under Annexure-6 to the writ
petition is hereby declared ultra vires to the
provisions contained in the Odisha
Development Authorities Act, 1982 as well
as Articles 14 & 16 of the Constitution of
India, 1950 and as a logical corollary, the
following consequences ensue:
i. Employees working under any
Development Authority constituted under
the Odisha Development Authorities Act,
1982, who are in receipt of the
pensionary benefit at par with their
counterparts in State Government cannot
be affected by any subsequent Rule; and
ii. In the light of the judgment in the
case of Shri Ananda Dash (supra), the
employees, who had joined in service
prior to 17.09.2005, i.e. the date of
notification of the amendment in SubRule
(4) of Rule (3) of the Odisha Civil Services
(Pension) Rules, 1992, are to get their
retiral benefits at par with their counter
parts in the Government inasmuch as
they cannot be equated with the
employees working in an industry or
factory establishment in view of the ratio
of the decision of the co-ordinate Bench
in the case of Cuttack. Development
Authority Vs. Regional Provident
Fund Commissioner (Supra) and
Employees Provident Fund
Organization Vs. Raipur Development
Authority (Supra).
iii. Employees working under any
Development Authority, who have joined
after 17.09.2005, would be entitled to
the benefits under the new structured
defined contribution pension scheme as
applicable to their counterparts in the
State Government in terms of the Odisha
3
Civil Services (Pension) Rules, 1992.
Accordingly, it is held that the petitioner,
being an employee appointed prior to
01.01.2005, is entitled to get pension, as is
being availed by the similarly situated
employees under the State Government. Let
the retrial benefits be disbursed in favour
of the petitioner, who is stated to have been
retired on superannuation during the
pendency of the writ petition, in accordance
with law, within a period of the three
months from the date of receipt of the copy
of judgment."
5. Learned counsel for the Petitioner, at this
juncture, contended that the judgment of the Division
Bench of this Court was assailed before the Hon'ble
Supreme Court preferred by the Cuttack Development
Authority. Challenging before the Hon'ble Supreme
Court by the Cuttack Development Authority by filing
SLP(C) Diary No.30536 of 2024. Learned counsel for
the Petitioner further submitted that the aforesaid SLP
has already been disposed of in the meantime and the
judgment of the Hon'ble Division Bench has been
affirmed by the Hon'ble Supreme Court. She further
contended that in the meantime the Petitioner
approached the Opposite Party No.4- Cuttack
Development Authority for grant of pensionary benefit.
However, the Opposite Party No.4 has intimated the
Petitioner that since she is not the Petitioner before
this Court in W.P.(C) No.18559 of 2015, she is not
entitled the benefits accruing to the Petitioner in that
4
case pursuant to the judgment dated 04.12.2023.
6. Taking into consideration the submissions made
by the learned counsels appearing for the respective
parties and on a careful analysis of the legal position,
further on a close scrutiny of the judgment dated
04.12.2023
, it appears that the Division Bench of this
Court has already held the Odisha Development
Authorities (Retirement Benefit of the Employees)
Rules, 2015 to be ultra vires and the direction in
Paragraph-81 of the said judgment, which has been
quoted hereinabove, applies to all the employees of the
Cuttack Development Authority.
7. In such view of the matter, this present writ
petition is being disposed of by granting liberty to the
Petitioner to approach the Opposite Party No.4 by filing
a detailed representation taking therein all the grounds
along with a certified copy of this order within three
weeks from today. In such eventuality, the Opposite
Party No.4 shall consider the case of the Petitioner in
the light of the direction given by the Hon'ble Division
Bench in Paragraph-81 of the judgment dated
04.12.2023 passed in W.P.(C) No.18559 of 2015 and
the representation of the Petitioner be disposed of by
passing a speaking and reasoned order within a period
of three months from the date the Petitioner
approaches the Opposite Party No.4. The final order so
passed on the representation of the Petitioner shall be
communicated to the Petitioner within a week
thereafter.
8. Since the order is passed in the absence of the
contesting Opposite Party No.4, liberty is given to the
Opposite Party No.4 to seek modification/alteration of
the order in the event any material information is
suppressed by the Petitioner.
9. With the aforesaid observation and direction, the
writ petition is disposed of.
(Aditya Kumar Mohapatra)
Judge
amit
eMudhra.App.Views.PartialControls.SigningModeTab.Signi
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 09-Jul-2025 17:36:25
