Akshaya Kumar Mohapatra vs State Of Odisha & Others ... Opp. Parties
2025 Latest Caselaw 8796 Ori

Orissa High Court

Akshaya Kumar Mohapatra vs State Of Odisha & Others ... Opp. Parties on 26 September, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                           W.P.(C ) No.27393 of 2025
            Akshaya Kumar Mohapatra        ...         Petitioner

                                            Mr. S.K. DasMohapatra, Adv.

                                       -versus-

            State of Odisha & Others              ...         Opp. Parties

                                                      Mr. P.K. Panda, ASC

                                CORAM:
            THE HON'BLE MR.JUSTICE BIRAJA PRASANNA SATAPATHY

                                       ORDER

26.09.2025 Order No.

01. 1. This matter is taken up through hybrid mode.

2. Heard learned counsel appearing for the partis.

3. The present Writ Petition has been filed inter alia with the following prayer:-

It is therefore, most humbly prayed that this Hon'ble Court may graciously be pleased to:-

i. Admit the writ petition.

ii. To direct the Opposite parties more particularly Principal Secretary Department of Panchayati Raj & Drinking Water for allotment of G.P.F. Account and governing their official status as a Pre-2005 appointee so as to draw the pensionary benefits under 0.C.S. Pension Rule, 1992 keeping in view the related Judgment of the Hon'ble Supreme Court and in accordance with the provisions of Rule 2 (r) and 10 of O.C.S Pension Rule 1992 and thereby the application of Article 141 and 142 of the Constitution of India with regard to the binding precedent of the Judgment passed in Hem for consideration of past services as qualifying service for the purpose of pension and gratuity And pass such further order/orders as deemed fit and proper in the facts and circumstances of the case.

And for this act of kindness, the petitioner as in duty bound shall ever pray.

4. In course of hearing, learned counsel for the Petitioner states that highlighting his grievances, Petitioner has made representation vide Annexure-9 to the Writ Petition before Opposite Party No.1 and the same may be directed to be considered and disposed of within a stipulated time period to which learned Counsel for the State has no objection.

5. As agreed by learned counsel for the parties and considering the submission made, this Court without expressing any opinion on the merits of the case, dispose of the Writ Petition with a direction on Opposite Party No.1 to consider and dispose of the representation vide Annexure-9 to the Writ Petition in accordance with law, within a period of three (3) months from the date of receipt of this order with due communication to the Petitioner.

6. Since it is contended that claim of the Petitioner is covered by the judgment passed by this Court on 16.05.2025 in W.P.(C ) No.4045 of 2025, Opp. Party No.1 is directed to take into consideration the relevancy and effect of the said judgment to the Petitioner's claim. Petitioner is directed to provide a copy of this order along with the judgment passed in

W.P.(C ) No.4045 of 2025 before Opp. Party No.1 for compliance.

7. With the aforesaid observation and direction, the Writ Petition stands disposed of.

(Biraja Prasanna Satapathy) Judge

sangita

Location: HIGH COURT OF ORISSA, CUTTACK