Orissa High Court
Kailash Chandra Behera vs State Of Odisha & Others .... Opp. ... on 18 June, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C )No.15492 of 2025
Kailash Chandra Behera .... Petitioner
Mr. A. Swain, Adv.
-versus-
State of Odisha & Others .... Opp. Parties
Mr. S.K. Jee, AGA
COROM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
Order 18.06.2025
1. This matter is taken up through Hybrid Mode.
2. Heard learned counsel appearing for the parties.
3. Even though the present Writ Petton has been filed
challenging order dt.23.08.2024 so passed by Opp.
Party No.1 under Annexure-19, but at the outset,
learned counsel appearing for the Petitioner contended
that if the period of suspension from 31.08.2013 to
16.02.2023 will be regularized on notional basis with
extension of the pension and other pensionary benefits
as due and admissible, Petitioner will not raise any
claim for release of the financial benefit for the period
from 31.08.2013 to 16.02.2023 on such regularization.
4. Learned counsel appearing for the Petitioner
contented that because of his implication in a Criminal
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Case, Petitioner was placed under suspension w.e.f
31.08.2013. However, Petitioner on being acquitted in
the criminal proceeding vide judgment dt.08.10.2021
under Annexure-4, vide Office order dt.14.02.2023 of
Opp. party No.2 under Annexure-7 was allowed re-
instatement in service, where he joined on 16.02.2023
vide Annexure-8.
4.1. It is contended that after such re-instatement in
service on 16.02.2023, Petitioner was superannuated
from his service on attaining the age of superannuation
on 28.02.2023. After such superannuation from
service, when the pensionary benefits were not released
by regularizing the period of suspension, Petitioner
approached tis Court in W.P.(C ) No.42572 of 2023.
4.2. It is contended that this Court vide Order
dt.01.02.2024 disposed of the Writ Petition with a
direction on Opp. party No.1 to take a decision, basing
on the recommendation made by the B.E.O, Umarkote
on 02.01.2024. Order dt.01.02.2024 reads as follows:
Order dt.01.02.2024
1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical) Mode.
2. Heard Mr. A. Swain, learned counsel
appearing for the Petitioner and Mr. S. Jena,
learned A.G.A learned counsel appearing for the
State-Opp. Parties.
3. Instruction provided by the learned A.G.A be
kept on record.
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4. It is the case of the Petitioner that Petitioner
because of his involvement in a criminal case, he
was placed under suspension for the period from
31.08.2013 to 16.02.2023. However, after his
acquittal and in terms of the order passed by this
Court in W.P.(C ) No.7890 of 2020, Petitioner re-
instated in his services where he joined on
16.02.2023. Petitioner thereafter retired from his
service on attaining the age of superannuation on
28.02.2023.
4.1. However, it is contended that because of
non-regularization of the period of suspension
from 31.08.2013 to 16.2.2023, Petitioner is not
getting his pension and other pensionary
benefits.
5. On instruction, learned Addl. Govt. Advocate
contended that B.E.O, Umerkote-Opp. Party No.4
in the meantime has moved the Government vide
letter dt.02.01.2024 with a request to consider
the claim of the petitioner for regularization of the
Period of suspension from 31.08.2013 to
16.02.2023.
5. Considering the submissions and the
instruction so provided, this Court while
disposing the Writ Petition directs Opp. Party
No.1 to take a decision on the request made by
B.E.O, Umerkote vide his letter No.06
dt.02.01.2024 within a period of six(6) weeks
from the date of receipt of this order. Petitioner
is permitted to provide a copy of this order along
with the request made by the BEO vide letter
dt.02.01.2024 before Opp. Party No.1 for
compliance.
The Writ Petition is accordingly disposed of.
4.3. It is contended that even though in the aforesaid
Writ Petition in W.P.(C ) No.42572 of 2023, Petitioner
while seeking regularization of the period of suspension
from 31.08.2013 to 16.02.2023 also claimed for
extension of the financial benefit, but the same was
rejected by the Government-Opp. Party No.1 vide the
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impugned order dt.23.08.2024 under Annexure-19. It is
contended that Petitioner will have no grievance if the
aforesaid period of suspension is regularized on notional
basis with due extension of the pension and other
pensionary benefits as due and admissible. It is
accordingly contended that while interfering with the
order dt.23.08.2024 under Annexure-19 so passed by
the Government-Opp. party No.1, appropriate direction
be issued to regularize the period of suspension on
notional basis and to extend the pension and other
pensionary benefits within a stipulated time period.
5. Learned Addl. Govt. Advocate though supported
the impugned order, but contended that considering the
submission made by the learned counsel appearing for
the Petitioner, this Court can pass appropriate order as
deem fit & proper.
6. Having heard learned counsel appearing for the
parties and considering the submission made by the
learned counsel for the Petitioner that Petitioner will not
claiming any financial benefit on regularization of the
period of suspension from 31.08.2013 to 16.02.2023,
this Court while disposing the Writ Petition with
quashing of the impugned order dt. 23.08.2024 under
Annexure-19, directs Opp. Party No.1 to regularize the
period of suspension on notional basis. On such
regularization of the period of suspension from
31.08.2013 to 16.02.2023, on notional basis,
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appropriate steps be taken to sanction and disburse the
pension and other pensionary benefits as due and
admissible in favour of the Petitioner. This Court directs
Opp. Party No.1 to complete the entire exercise within a
period of six (6) weeks from the date of receipt of this
order. Petitioner is permitted to provide a copy of this
order before Opp. party No.1 for compliance.
7. The Writ Petition accordingly stands disposed of.
(Biraja Prasanna Satapathy)
Judge
sangita
Reason: authentication of order
Location: high court of orissa, cuttack
Date: 19-Jun-2025 18:48:34
