Orissa High Court
Biswajit Mohapatra vs State Of Odisha & Ors. ..... Opposite ... on 12 May, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.13294 of 2025
Biswajit Mohapatra ..... Petitioner
Represented By Adv. -
Prafulla Kumar
Mohapatra
-versus-
State Of Odisha & Ors. ..... Opposite Parties
Represented By Adv. -
Samresh Jena, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
12.05.2025
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:
"Under the aforesaid facts and circumstances, it is
therefore, prayed that this Hon'ble Court may graciously
be pleased to:
(i) direct the Opp.Parties, particular Opp.Party No.1
to reconsider the case of the Petitioner with regards
to grant of final Pension and Gratuity in terms of
Clarification issued by the Home Department, Govt.
of Odisha, dated 22.08.2024 vide Annexure-9 and
sanction his final Pension and Gratuity
expeditiously, as the Petitioner had retired since
28.02.2022, on attaining the age of superannuation
and thereby quash the Order, dated 31.08.2024 vide
Annexure-8 for the interest of justice;
(ii) pass such other order(s) or issue direction(s) as
may be deemed fit and proper in the bona fide
interest of justice."
4. Learned counsel for the petitioner at the outset contended
that the petitioner, while working as Addl. District Magistrate, has
taken retirement from service w.e.f. 28.02.2022 on attaining the
age of superannuation. Thereafter, on 07.09.2023, the petitioner
submitted a representation for sanction of his pension, gratuity and
other retirement dues. The Opposite Party No.1 intimated the
Petitioner that the benefits as claimed cannot be finalised as the
Bhubaneswar Vigilance P.S. Case No.3 of 2022 is pending. While
the matter stood thus, the petitioner again submitted another
representation before the Opposite Party No.1, claiming his
pensionary and other retiral dues. Finally, the Opposite Party No.1
intimated to the petitioner that the final pension, gratuity,
unutilized leave salary of the petitioner cannot be finalised on till
conclusion of the vigilance pending against the petitioner vide
order dated 31.08.2024.
5. 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 neither been filed nor
the cognizance has 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 like gratuity etc 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
Sushanta Chandra Sahu vs. State of Orissa in W.P.(C)
No.14718 of 2015 and Chiitaranjan Senapati v. State of Odisha
and another in W.P.(C) No.20808 of 2024 vide judgment dated
06.03.2025 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 pensionary benefit as well as
gratuity and unutilised leave salary as is due an admissible to him.
He further contended that on 10.09.2024, the petitioner submitted
an application before the Opposite Party No.1, with a prayer to
release the pensionary benefits, however no decision has been
taken on such representation of the petitioner.
6. 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 pensionary other
retiral benefits as is due an admissible to the petitioner. She
further contended that since the petitioner has already approached
the Opposite Party No.1 by filing a petition on 10.09.2024 under
Annexure-10 to the writ application, in the event the same is still
pending, she will have no objection this Court directs the Opposite
Party No.1 to consider the same in accordance with law within a
stipulated period of time.
7. 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 No.1 to consider the representation dated
10.09.2024 under Annexure-10 by taking into consideration the
circular of Home Department dated 22.08.2024 under Annexure-9
as well as the judgment of this Court in Sushanta Chandra
Sahoo's case (supra) and Chiitaranjan Senapati 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 gratuity, 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.
8. 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
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 13-May-2025 16:54:36
