Orissa High Court
Debendra Kumar Behura & vs State Of Odisha & Anr. ..... Opposite ... on 3 May, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.11848 of 2025
Debendra Kumar Behura & ..... Petitioners
Ors.
Represented By Adv. -
Siba Prasad Swain
-versus-
State of Odisha & Anr. ..... Opposite Parties
Represented By Adv. -
S.K. Parhi, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
03.05.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned Counsel appearing for the Petitioners as well as
learned Additional Standing Counsel appearing for the State-
Opposite Parties. Perused the Writ Petition as well as the documents
annexed thereto.
3. The present writ petition has been filed by the Petitioners with
the following prayers:-
"It is therefore prayed that this Hon'ble Court would
be graciously pleased to:
i) Allow this Writ Petition
ii) Issue Rule NISI, asking the Opp.Parties to show cause
as to why they shall not be directed to grant/release the
pension and pensionary benefits along with 18% interest in
favour of the petitioners by taking the order dated
31.01.2024 vide Annexure-4, and if the Opp.Parties do not
show cause or show insufficient cause, then issue a writ of
mandamus in nature, thereby directing to the concerned
Opp.Parties to grant/release the pension and pensionary
benefits along with 18% interest in favour of the petitioners
by taking the order dated 31.01.2024 vide Annexure-4
within a stipulated period.
iii) And/or pass an order(s), direction(s), as this Hon'ble
Court deem fit and proper.
4. It is submitted by learned Counsel appearing on behalf of the
Petitioners that the case of the Petitioners is squarely covered by the
common order dated 17.02.2016 passed by the Odisha
Administrative Tribunal, Cuttack Bench in O.A. No.4394(C)/2010
(Khetramohan Naik v. State of Odisha and others) and a batch of
similar other cases. In the above noted order, the Odisha
Administrative Tribunal disposed of the batch of Original
Applications vide common order dated 17.02.2016 by observing that
the period of service of the applicants as Gram Panchayat Secretaries
is for a considerable length of time. The Tribunal further directed the
Opposite Parties to consider their grievance for grant of minimum
pension by adding so much of the period of service as G.P. Secretary
to their period of regular service as V.L.Ws. to make them eligible to
get minimum pension and accordingly, it was directed that the
minimum pension amount be paid as is due and admissible from time
to time from the date of their retirement.
5. The aforesaid common order in the batch of Original
Applications passed by the Odisha Administrative Tribunal was
assailed by the State-Opposite Parties before the Division Bench of
this Court by filing a writ petition bearing W.P.(C) No.6267 of 2018
(State of Odisha and others v. Niranjan Biswal). The Division
Bench of this Court vide judgment dated 30.08.2018 disposed of the
said writ petition by affirming the order passed by the Tribunal and,
accordingly, the writ petition filed by the State-Opposite Parties was
dismissed.
6. After disposal of the said writ petition, the State-Opposite
Parties approached the Hon'ble Supreme Court by filing Special
Leave to Appeal (C) No(s).28065 of 2019 (The State of Odisha and
Ors. V. Niranjan Biswal & Ors.). The Hon'ble Supreme Court vide
order dated 18.05.2022 disposed of the appeal preferred by the State-
Appellants in the above noted case by taking into consideration the
fact that once the 21 O.As. decided by the Odisha Administrative
Tribunal, vide a common order dated 17.02.2016, has not been
challenged at a later stage by the Government of Odisha before this
Court or the Hon'ble Supreme Court, the same has attained finality.
It has also been observed that there is no application pending before
either the High Court or before the Hon'ble Supreme Court to
implead such persons, against whom the order of the Tribunal has
attained finality, to be impleaded as parties. On such ground, the SLP
was dismissed. However, while dismissing such SLP, the question of
law was left open to be examined in other appropriate proceedings.
7. Learned Additional Government Advocate appearing for the
State-Opposite Parties, on the other hand, referring to the order
passed by the Hon'ble Supreme Court, submitted that while
disposing of the SLP in the case of The State of Odisha & Ors. V.
Niranjan Biswal & Ors., The Hon'ble Supreme Court has left the
question of law open to be examined in other appropriate proceeding.
In such view of the matter, learned Additional Government Advocate
submitted that since the question of law has been kept open by the
Hon'ble Supreme Court, the State-Opposite Parties have every right
to raise the question of law in the present proceeding.
8. On a careful examination of the materials on record as well as
the submissions made by the learned Counsel appearing for the
Petitioners and the learned Additional Government Advocate, this
Court observes that the order passed by the Hon'ble Supreme Court
has already been implemented in the meantime vide order dated
31.01.2024 under Annexure-4 to the writ petition. Therefore, this
Court is of the considered view that the Petitioners, who stand in
similar footing, cannot be discriminated against them while getting
similar service benefits, like the minimum pension, as has been
granted by the Tribunal in the earlier case which has ultimately been
upheld by the Hon'ble Supreme Court.
9. Further, coming to the point raised by the learned Additional
Government Advocate with regard to the leave granted by the
Hon'ble Supreme Court to raise the question of law in other
appropriate proceeding, this Court is of the view that this Court
cannot take a different stand and is bound by the judgment delivered
by the Division Bench in the earlier writ petition. Therefore, the
validity of the decision taken by the Division Bench in the earlier
writ petition cannot be gone into or examined by the present Bench
consisting of a Single Judge.
10. In such view of the matter, this Court deems it proper to
dispose of the present writ petition in terms of the order passed by the
Tribunal in Niranjan Biswal's case (supra) which has been upheld by
a Division Bench of this Court and eventually upheld by the Hon'ble
Supreme Court, directing to the Opposite Party No.1 to consider the
case of the Petitioners in terms of the judgment of the Hon'ble
Supreme Court in The State of Odisha and Ors. V. Niranjan Biswal
& Ors. in Special Leave to Appeal (C) No(s).28065 of 2019 and by
taking into consideration the order dated 31.01.2024 under
Annexure-4 to the writ petition. It is further directed that the
Opposite Parties shall examine the case of the Petitioners and in the
event the Opposite Parties come to a conclusion that the Petitioners
stand in similar footing with the above named Niranjan Biswal, then
similar benefits be extended in favour of the Petitioners by taking
into consideration the length of their service period as Gram
Panchayat Secretary for the grant of minimum pension and
pensionary benefits as VLW/PEOs. Let the aforesaid exercise be
carried out within a period of two months. Any final decision taken
by the Opposite Party No.1 be communicated to the Petitioners
within ten days from the date of taking such decision.
11. With the aforesaid observation/ direction, the writ application
stands disposed of.
12. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 03-May-2025 16:52:02
