Orissa High Court
Mahendra Kumar Biswal vs State Of Odisha & Ors. ..... Opposite ... on 20 March, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.8000 of 2025
Mahendra Kumar Biswal ..... Petitioner
Represented By Adv. -
Swadhin Kesari Singh
-versus-
State Of Odisha & Ors. ..... Opposite Parties
Represented By Adv. -
U.C. Jena, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
20.03.2025
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 learned
Additional Standing Counsel for the State-Opposite Parties. Perused
the writ application as well as the documents annexed thereto.
3. The Petitioner has filed the present writ application with the
following prayer:
"It is, therefore, prayed that this Hon'ble Court may
graciously be pleased to issue rule NISI calling upon the
Opp. Parties, more particularly the Opp. Party No.2 i.e.
the Collector and District Magistrate, Bargarh to show
cause as to why the pension and other retiral dues of the
Petitioner shall not be released and disbursed in favour of
the Petitioner forthwith under the Odisha Civil Services
(Pension) Rules, 1992 with all consequential benefits,
And if the Opp. Parties fail to show cause or show
insufficient cause, then make the said rule absolute by
directing the Opp. Parties, more particularly the Opp.
Party No.2 i.e. the Collector and District Magistrate.
Bargarh to release and disburse the pension and other
retiral dues in favour of the Petitioner forthwith under the
Odisha Civil Services (Pension) Rules, 1992 with all
consequential benefits,
And further be pleased to pass any other order/orders
as may be deemed fit and proper in the interest of Justice."
4. In course of hearing of the writ application, learned counsel for
the Petitioner submits that the Petitioner ventilating his grievance has
submitted representation before the Collector and District Magistrate,
Bargarh, Opposite Party No.2 under Annexure-8. It is also submitted
by the learned counsel for the Petitioner that the said representation is
pending as of now. It is also submitted by the learned counsel for the
Petitioner that a direction be issued to the Opposite Party No.2 to
consider the representation of the Petitioner under Annexure-8 within
a stipulated period of time.
5. Learned Additional Standing Counsel submits that he has no
objection if the representation of the Petitioner is considered by the
Opposite Party No.2, which is stated to be pending, in accordance
with law within a stipulated period of time.
6. Considering the limited nature of grievance of the Petitioner,
the writ application is disposed of at the stage of admission, liberty is
given to the petitioner to rely upon any judgment of this Court and
copies of the judgment shall be furnished before the Opposite Party
No.2 along with a certified copy of today's order. In such eventuality,
the Opposite Party No.2 shall take into consideration the judgments
relied upon by the Petitioner in support of his claim and the
representation of the Petitioner under Annexure-8 shall be disposed
of by passing a speaking and reasoned order within a period of eight
weeks from the date of production of certified copy of this order. The
decision so taken by the Opposite Party No.2 be also communicated
to the Petitioner within ten days thereafter.
7. With the aforesaid observations/ directions, the writ
application stands disposed of.
8. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Location: High Court of Orissa
Date: 21-Mar-2025 11:31:02
