Orissa High Court
Sushil Kumar Sarangi vs ) State Of Odisha ..... Opposite Parties on 5 March, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.5477 of 2025
Sushil Kumar Sarangi ..... Petitioner
Represented By Adv. -
Debi Prasad
Dhalsamanta
-versus-
1) State Of Odisha ..... Opposite Parties
2) Engr In Chief, Rural Works, Bbsr Represented By Adv. -
3) Chief Construction Engr, Rural Ms.Bab ita Kumari
Works Circle, Baripada Sahoo, AGA
4) Supdt. Engr, Rural Works Div.,
Rairangpur Mr.S.K.Patra, Standing
5) Accountant General(a And E) , Counsel for AG Odisha
Bbsr
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
05.03.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as the
learned Additional Government Advocate. Perused the Writ
Petition as well as the documents annexed thereto.
3. The Writ Petition 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 writ in the nature
of mandamus directing the Opposite Parties
particularly Opposite Party No.1 to release all the
retirement benefits within a stipulated period with
12% interest per annum;
4. The sole grievance of the Petitioner in the present Writ
Petition is that although the Petitioner has retired from service
with effect from 31.10.2019, however his final pension has not
been processed, as a result of which the Petitioner is not getting
his pensionary benefit as well as retiral dues. Learned counsel
for the Petitioner further referring to the letter dated 29.03.2022
under Annexue-3 to the Writ Petition, contended that the same is
an intimation by the Engineer-in-Chief, Rural Works, Odisha
Opposite Party No.2 to the Principal Secretary to Govt. Works
Department. He further contended that the Engineer-in-Chief,
Opposite Party No.2 has categorically mentioned in the said
letter that no vigilance/Disciplinary Proceeding is pending against
the Petitioner as per the record available in the Office.
Accordingly, the original Service Book along with other pension
papers were forwarded to the Principal Secretary to Government,
Works Department, Odisha for processing the claim of the
Petitioner for sanction of pensionary benefit. However, no action
has been taken on such letter for almost three years, Being
aggrieved by such inaction of the Opposite Party No.1, the
Petitioner has approached this Court by filing the present Writ
Petition.
5. Learned Additional Government Advocate on the other
hand contended that from the letter dated 29.03.2022 it appears
that the service book and other pension papers have been
forwarded to Opposite Party No.1 for processing the claim of the
Petitioner, however she has no instruction with regard to the
status of the claim of the Petitioner. She further contended that in
the event this Court directs the Opposite Party no.1 to take
prompt action on the letter under Annexure-3 in accordance with
law, within a stipulated time, she will have no objection to the
same.
6. Considering the submissions made by the learned
counsels for the respective parties, on careful analysis of their
submissions, this Court observes that the grievance of the
Petitioner before this Court is with regard to non-payment of
pensionary benefit. In this connection, this Court would like to
observe that it is a settled principle of law that pensionary
benefits are not a bounty, rather it is a fundamental right of the
employee and the same has been observed in a catena of
judgments of this Court as well as the Hon'ble Supreme Court.
Therefore, withholding of such benefit would definitely infringe
the right of the employees as guaranteed under Article 21 of the
Constitution of India. Moreover, the letter under Annexure-3
clearly reveals that no vigilance or Disciplinary Proceeding is
pending against the Petitioner and that the Petitioner has retired
since 31.10.2019. In the aforesaid context, this Court deems it
proper to dispose of the Writ Petition at the stage of admission by
directing the Opposite Party no.1 to process the claim of the
Petitioner with regard to final pensionary benefit as is due and
admissible to the Petitioner within a period of four weeks from
today and the financial benefit as would be payable to the
Petitioner be sanctioned and disbursed within six weeks along
with interest at the rate of 12% per annum from the date, the
Petitioner is entitled to such payment. The Opposite Parties shall
keep the Petitioner informed with regard to the developments of
the matter from time to time.
7. With the aforesaid observation/direction the Writ Petition
stands disposed of.
8. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
RKS
Location: High Court of Orissa
