Orissa High Court
Braja Sundar Pattanaik vs Union Of India & Others Opposite Parties on 24 November, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C ) No.10365 of 2021
Braja Sundar Pattanaik .... Petitioner
Mr. A. Behera, Adv.
-versus-
Union of India & Others Opposite Parties
Mr. S. Pati, Sr.
Panel Counsel
COROM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
Order 24.11.2025
No
6. 1. This matter is taken up through Hybrid Mode.
2. Heard learned counsel appearing for the parties.
3. The present Writ Petition has been filed inter alia
challenging order dt.01.02.2020 so passed by Opp.
Party No.2 under Annexure-1.
4. It is the case of the Petitioner that claiming
extension of the benefit of continuance till 60 years of
age, Petitioner approached this Court by filing W.P.(C )
No.25648 of 2019. This Court vide order dt.18.12.2019
under Annexure-10 disposed of the Writ Petition in the
light of the order passed in W.P.(C ) No.14966 of 2009.
It is however contended that since order passed in
W.P.(C ) No.14966 of 2009 was assailed before the Apex
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Court and pursuant to the liberty granted by the Apex
Court, a Review was filed in Review Petition No.19 of
2014, on the ground of pendency of the Review Petition,
claim of the Petitioner was rejected vide the impugned
order dt.01.02.2020 under Annexure-1.
4.1. Learned counsel appearing for the Petitioner
contended that such a review filed against the order
passed in W.P.(C ) No.14966 of 2009 in Review Petition
No.19 of 2014 was rejected by this Court vide its order
dt.26.08.2022. Copy of order dt.26.08.2022 so
produced in Court be kept on record.
4.2. It is accordingly contended that since the ground
on which Petitioner's claim was rejected i.e. pendency of
the Review Petition No.19 of 2014 and the said Review
Petition has been dismissed vide order dt.26.08.2022,
claim of the Petitioner in terms of the order passed in
W.P.(C)No.25648 of 2019 requires a fresh consideration.
It is also contended that order passed in W.P.(C )
No.14966 of 2099 has already been implemented by
giving the benefit.
5. Even though notice of the Writ Petition has been
issued since 23.03.2021, but no counter affidavit has
been filed as yet.
6. Learned Sr. Panel Counsel however contended
that if the Review filed against the judgment passed in
W.P(C ) No.14966 of 2009 has been dismissed by this
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Court vide order dt.26.08.2022, this Court can pass
appropriate order in the matter.
7. Having heard learned counsel appearing for the
parties and considering the submission made, this court
finds that Petitioner claiming extension of the age of
retirement from 58 to 60 years, approached this Court
by filing W.P.(C ) No.25648 of 2019. This Court vide
order dt.18.12.2019 under Annexure-10 disposed of the
Writ Petition in the light of the order passed in W.P.(C )
NO.14966 of 2009. Claim of the Petitioner was rejected
vide order dt.01.02.2020 inter alia on the ground that
pursuant to the liberty given by the Hon'ble Apex Court,
a review petition has been filed against judgment
dt.05.11.2009 in W.P.(C ) No.14966 of 2009.
7.1. Since the Review Petition has already been
dismissed by this Court vide order dt. 26.08.2022 and
there is no instruction by the learned Sr. Panel counsel
that the said order has been assailed before the higher
forum, this Court is inclined to quash order dt.1.2.2020
under Annexure-1. While quashing the said order, this
Court remits the matter to Opp. party No.2 to take a
fresh decision on the Petitioner's claim in the light of the
order passed in W.P.(C ) No.25648 of 2019.
7.2. It is however observed that if the benefit in favour
of the Petitioner in W.P.(C ) No.14966 of 2009 has been
extended after dismissal of the review, the same be
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taken into consideration by Opp. Party No.2 while
considering the claim of the Petitioner. This Court
directs Opp. party No.2 to take a fresh decision as
directed within a period of 6(six) weeks from the date of
receipt of this order with due communication to the
Petitioner.
7.3. The Writ Petition accordingly stands disposed of.
(Biraja Prasanna Satapathy)
Judge
sangita
Reason: authenticatoin of order
Location: high court of orissa, cuttack
Date: 28-Nov-2025 14:37:19
