Orissa High Court
Biswajit Mohapatra vs State Of Odisha And Others ..... ... on 19 June, 2025
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.16408 of 2025
Biswajit Mohapatra ..... Petitioner
Represented By Adv.
- Prafulla Kumar
Mohapatra
-versus-
State Of Odisha and others ..... Opposite Parties
Represented By Adv.
-Mr.U.U. Jena, AGA
CORAM:
THE HON'BLE MR. JUSTICE A.K. MOHAPATRA
ORDER
19.06.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. On the oral prayer of the learned counsel for the petitioner, he
is permitted to correct the prayer of the writ petition. The corrected
page, as above, be filed and uploaded by tomorrow (20.06.2025).
3. Heard learned counsel for the Petitioner as well as learned
Additional Government Advocate for the State-Opposite Parties.
Perused the writ application as well as the documents annexed
thereto.
4. The Petitioner has filed the present writ application with the
following prayer:
"XX XX XX
i) i. direct the 0pp. parties particularly opp. party NO. 2 and
3 to release the sanctioned gratuity amount credited to
the salary account No.11259984930 at SBI (Main
Branch), Sundargarh on 8.5.2021 by defreeze the salary
account expeditiously as the petitioner has retired since
28.02.2022, on attaining the age of superannuation and
his wife is a cancer patient requires huge amount for
treatment,! for the
interest of justice
xx xx xx xx"
5. Learned counsel for the petitioner at the outset contended that
the petitioner, while working as Additional District Magistrate, has
taken retirement from service w.e.f. 28.02.2022 on attaining the age
of superannuation. Thereafter, on 23.02.2023, the petitioner
submitted a representation for withdrawal of GPF amount and
credited to the salary account No.11259984930 on 3.5.2021. The
Opposite Party No.2 vide Annexure-4 intimated to defreeze the
account and the petitioner may be allowed to operate the same
keeping the balance as on the date of house search, i.e., 11.02.2022
intact. While the matter stood thus, the petitioner again submitted
representations before the Opposite Party Nos.2 and 3, claiming his
sanctioned GPF amount to be credited to his account. Finally, the
Opposite Party No.2 intimated to the Chief General Manager, State
Bank of India, Sundergarh that the SB account No.11259984930
may be defreezed and the petitioner may be allowed to operate said
account, but as yet the same cannot be finalised on the ground that
vigilance case is pending against the petitioner.
6. Learned counsel for the petitioner in the aforesaid context
submitted that although the petitioner has retired from service w.e.f.
28.02.2022, however charge sheet has not been filed and the
cognizance has not been taken as of now in the abovenoted vigilance
case. In the aforesaid context, learned counsel for the petitioner,
referring to the Home Department circular dated 22.08.2024,
contended that a clarification has been issued to the effect that where
the government employee has retired and a vigilance case is
pending against him and no cognizance has been taken therein, in
such eventuality, the claim of the petitioner for pensionary and other
benefits including GPF shall be processed by keeping in view the fact
that no vigilance case was pending against him on the date of
retirement and no cognizance has been taken thereon. He also
referred to this Court vide division bench in State of Orissa and
others -V- Sushanta Chandra Sahu in W.P.(C) No.14718 of 2015
contended that a similar view has also been taken in the
abnovenoted judgment of this Court. On such ground, learned
counsel for the petitioner further contended that since no cognizance
was taken on the date of retirement there is no vigilance case was
pending against the present petitioner, as such the petitioner is
entitled to the GPF amount, already sanctioned on 30.07.2021 and
credited to his salary account. He further contended that on
10.01.2025, the petitioner submitted an application before the
Opposite Party Nos.2 and 3, with a prayer to release the GPF
amount, however no decision has been taken on such
representation of the petitioner.
7. Learned counsel for the State on the other hand contended
that since the vigilance case was pending against the present
petitioner, the state-opposite parties have not committed any illegality
in refusing to sanction and release the GPF amount, already
sanctioned since 30.07.2021 in favour of the petitioner. He further
contended that since the petitioner has already approached the
Opposite Party Nos.2 and 3 by filing petitions on 10.01.2025 and
15.04.2023 under Annexure-5 series to the writ application, in the
event the same is still pending, he will have no objection this Court
directs the Opposite Party Nos.2 and 3 to consider the same in
accordance with law within a stipulated period of time.
8. Considering the submissions made by learned counsels for the
respective parties, on a careful examination of the circumstance,
further keeping in view the limited nature of grievance involved in the
present writ application, this court deems it proper to dispose of the
writ application by directing the Opposite Party Nos.2 and 3 to
consider the representation dated 10.01.2025 under Annexure-5 by
taking into consideration the Notification of the Home Department
dated 19.05.2025 under Annexure-6 and the circular of the Home
Department dated 22.08.2024 as well as the judgment of this Court
in Sushanta Chandra Sahoo's case (supra). Further, it is directed
that the representation of the petitioner shall be considered and
disposed of within a period of eight weeks by passing a speaking and
reasoned order. In the event, it is found that the petitioner is entitled
the pensionary as well as the retiral dues, including GPF, the same
shall be released in his favour of within a period of six weeks on the
date of common order. The final decision so taken be communicated
to the Petitioner within 10 days thereafter.
9. With the aforesaid observations and directions, the Writ
Petition stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Basu
Location: HIGH COURT OF ORISSA : CUTTACK
