Basanta Kumar Sahoo vs State Of Odisha & Others .... Opposite ...
2025 Latest Caselaw 10268 Ori

Orissa High Court

Basanta Kumar Sahoo vs State Of Odisha & Others .... Opposite ... on 20 November, 2025

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  WP(C) No.24959 of 2025

            Basanta Kumar Sahoo           ....                                Petitioner
                                                                  Represented by Adv.-
                                                                  Mr. P. Mohanty, Adv.
                                               -versus-
            State of Odisha & others      ....                           Opposite Parties
                                                                  Represented by Adv.-
                                                                    Mr. J.K. Ray, ASC

            CORAM:
                          JUSTICE DIXIT KRISHNA SHRIPAD
                                                ORDER

20.11.2025 Order No.

03. Petition prayer reads as under:

"Under the above circumstances, it is humbly prayed that the writ petition may be allowed;

And (A) a writ of mandamus or an appropriate writ may be issued commanding the opposite parties to enforce / implement the judgment and order dated 27.05.2022 passed by this Hon'ble Court in WPC (OAC) No.2822 of 2014 under Annexure;5 and to release the pensionary benefits and other retiral benefits in favour of the petitioner as directed by this Hon'ble Court within a time to be stipulated by this Hon'ble Court;

(B) And any other order / orders or direction / directions may be issued so as to give complete relief to the petitioner;"

2. This Court, vide order dated 31.10.2025, had said as under:

"Call this matter on 20.11.2025 on which date opposite party no.4 is directed to remain personally present before this Court to explain as to why the judgment dated 27.05.2022 passed in W.P.(OAC) No.2822 of 2014 has not been complied with.

However, the personal presence shall not be needed, if in the meanwhile, the judgment in question is implemented."

Accordingly, OP No.4-Smt. Madhusmita Pati is present before the Court and submits that already the pension papers have been submitted to the Controller of Accounts for being processed and therefore, the petition has become infructuous.

3. Learned counsel for the petitioner submits and this Court agrees that in the light of State Bank of Patiala v. Pritam Singh Bedi, [2009] 3 SLR 305(P&H), whatever shortfall is there in computing the qualifying service for pension, the same needs to be rounded off to the qualifying period and thereafter, the pension needs to be sanctioned and released. This is a matter for the consideration of Controller of Accounts, who is not a party to the proceeding. However, his being not a party would not come in the way of granting relief to the petitioner, in accordance with law, on production of a copy of this order before him. Decision to be taken within an outer limit of six weeks.

Registry to send a copy of this order to the Controller of Accounts, Bhubaneswar by speed post immediately for doing the needful action.

The writ petition is disposed off.

The personal appearance of Smt. Madhusmita Pati, Block Education Officer is dispensed with and her participation in the proceedings is appreciated.

Registry to share a carbon copy of this order with Smt. Madhusmita Pati.

(Dixit Krishna Shripad) Signed by: PRASANT KUMAR SAHOO Designation: Personal Assistant Judge Reason: Authentication Location: Orissa High Court Date: 21-Nov-2025 15:20:13