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Orissa High Court
Niranjan Mohapatra vs State Of Odisha & Ors. ..... Opposite ... on 8 April, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.10351 of 2026
Niranjan Mohapatra ..... Petitioner
Represented by Adv. -
Sushanta Kumar Mishra
-versus-
State Of Odisha & Ors. ..... Opposite Parties
Represented by Adv. -
Mr. D.K.Sahoo, A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
Order No. 08.04.2026
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 Government Advocate for the State-Opposite Parties.
Perused the writ application as well as the prayer made therein.
3. The Petitioner has filed the present writ application with the
following prayer:
"It is therefore, most humbly prayed that this
Hon'ble Court may be graciously pleased to:
i) Admit the writ application;
ii) Call for the records;
iii) Direct to the 0pp. Parties to release the benefits of
final G P F amount from the Account of the petitioner
bearing No.002123^S pursuant to the letter
dtd.29.03.2025 & vide letter No.FD-9-43/2005/4007
CA dtd.29.03.2025 under Annexure-4 & reminder letter
dtd. 30.10.2025 & 13.01.2026 of the Controller of
Accounts, Odisha, Bhubaneswar, under Annexure-7
Series after deducting the amount Rs.1,35,053/- out of
amounting Rs.15,78,564 as per accounts statements
under Annexure-5 Series after retirement from the
Service of the petitioner within a stipulated time.
And further be pleased to pass any other order(s) /
direction(s) as would be deemed just and proper in the
interest of justice."
4. Learned counsel for the Petitioner at the outset contended that
the Petitioner was initially appointed as an Assistant Teacher on
01.05.1991 and accordingly joined in service on very same day.
Thereafter, on 23.12.1993, the post was approved. While working as
an Assistant Teacher, the Petitioner on attaining the age of
superannuation w.e.f. 31.01.2025 has retired from service.
5. The sole grievance of the Petitioner in the present writ
application is that the Controller of Accounts, Bhubaneswar issued a
letter to the B.E.O., Basta for recovery of some amount on the ground
that the Petitioner was allowed a wrong grade pay and on the basis of
such grade pay 2nd RACP benefit has been withdrawn erroneously by
the Petitioner. While this was the position, the Controller of
Accounts, Bhubaneswar again issued a letter dated 29.03.2025 to the
B.E.O., Basta, for the submission of the deposit and withdrawal
statement in favour of the Petitioner. Being aggrieved by such
decision the Petitioner approached this Court earlier by filing
W.P.(C) No.24627 of 2025. The said writ application was disposed
of by a Co-ordinate Bench vide order dated 10.09.2025. Taking into
consideration the statement made by the Additional Government
Advocate as has been indicated in Para-3 of order dated 10.09.2025.
After disposal of the previous writ application, the Petitioner has
received a sum of Rs.1,35,053/-. Learned counsel for the Petitioner at
this juncture, referring to the statement under Annexure-5 series of
the Office of the Controller of Accounts submitted before this Court
that the closing balance as per the statement is Rs.15,78,564/-,
however the Petitioner has been paid a sum of Rs.1,35,053/-. On such
ground, learned counsel for the Petitioner contended that the
Petitioner is entitled to receive more. However, such amount has not
been disbursed in his favour.
6. Learned counsel for the State on the other hand contended that
on a careful examination of the pleadings in the writ application, it
appears that the Petitioner has a grievance with regard to disbursal of
the amount by the Office of the Controllers of Account. He further
submitted that the Petitioner, instead of approaching the Office of the
Controllers of Account, has approached this Court directly by filing
the present writ application. Accordingly, it was stated by the learned
Additional Government Advocate that he will have no objection in
the event this Court directs the Petitioner to approach the Office of
the Controller of Accounts by filing a detailed representation
ventilating his grievance, and directs the Opposite Party No.5 to
consider the same in accordance with law within a stipulated period
of time.
7. In view of the aforesaid limited nature of grievance of the
Petitioner, this Court disposes of the writ petition granting liberty to
the Petitioner to file a fresh representation before the Controller of
Accounts, Odisha, Bhubaneswar, Opposite Party No.5 ventilating his
grievance within a period of three weeks. If such a representation is
filed within the time stipulated, the same shall be considered and
disposed of by the Opposite Party No.5 within a period of eight
weeks from the date of filing of the representation, by passing a
speaking and reasoned order. It is further made clear that in the event
it is found that the Petitioner is entitled to the balance amount and
there are no other legal impediments, then necessary follow up steps
be taken to ensure that such amount is released in favour of the
Petitioner within a period of four weeks thereafter.
8. With the aforesaid observations and directions, the writ
application stands disposed of.
9. Issue urgent certified copy of this order as per Rules.
(A.K. Mohapatra)
Judge
Rubi
