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Orissa High Court
Pabitra Mohan Sahoo vs State Of Odisha And Others ..... ... on 21 April, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.11588 of 2026
Pabitra Mohan Sahoo ..... Petitioner
Represented by Adv. -
Sharmistha Samal
-versus-
State of Odisha and others ..... Opposite Parties
Represented by Adv. -
Mr. D.K. Sahoo, AGA
CORAM:
MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
21.04.2026
Order No.
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 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 Petitioner with
the following prayers:-
"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 grant the
Pension and Pensionary benefits in favour of the
petitioner upon her retirement from service 31.07.2024
in accordance the provisions contained in the Orissa
Aided Educational Institutions Employees Retirement
Benefits Rule, 1981,keeping in view the ratio decided by
this Honble Court in the case of Sarat Chandra Parida-
Vrs-State of Odisha & Ors; reported in 2015(II)1LR
CUT-94 which has been upheld by the Hon'ble Apex
Court in SLP (C) CC No.(S)761 of 2016 disposed of on
19.01.2016 (State of Odisha-Vrs-Sarat Chandra
Parida) and also in the case of Hemant Kumar
Chhotaray -Vrs-State of Odisha and others in
(W.P(C)No. 17067 of 2023 disposed of on 12.01.2024)
along with batch of cases within a time to be stipulated
by this HonTDle Court and his arrear pension may also
be calculated and paid his forthwith;
And pass such other or further order or orders as
the Hon'ble Court may deem fit and proper to the facts
and circumstances of the case;
And for this act of kindness the petitioners as in
duty bound shall ever Pray."
4. Learned counsel for the Petitioner, at the outset, contended
that the case of the Petitioner is squarely covered by the judgment
of this Court dated 12.01.2024 passed in W.P.(C) No.17067 of
2023 in the matter of Hemanta Kumar Chhotaray vs. State of
Orissa & Ors. In such view of the matter, learned counsel for the
Petitioner contended that inaction of the Opposite Parties in
extending similar benefits in favour of the petitioner is highly
illegal and that necessary direction to be given to the Opposite
Parties to consider the case of the Petitioner in terms of the ratio
laid down by this Court in Hemanta Kumar Chhotaray's case
(supra).
5. Learned counsel for the State, on the other hand, submitted
that the Petitioner has approached this Court without approaching
the Opposite Parties for redressal of his grievance. In such view of
the matter, learned counsel for the State contended that in the event
this Court directs the Opposite Parties to consider the
representation of the Petitioner, provided the Petitioner files a
representation for redressal of his grievance, within a stipulated
period of time and strictly in accordance with law, he will have no
objection to the same.
6. Having heard the learned counsels appearing for the
respective parties, on a careful examination of the background
facts, further taking into consideration limited nature of the
grievance and the fact that the Petitioner has not approached the
Opposite Parties before approaching this Court, this Court deems it
proper to dispose of the writ petition at the stage of admission by
granting liberty to the Petitioner to approach the Opposite Party
No.1 by filing a detailed representation taking therein all the
grounds along with supporting documents and copies of the
judgments relied upon by the Petitioner in support of his claim
within three weeks from today. In such eventuality, the Opposite
Party No.1 shall do well to consider the representation of the
Petitioner in accordance with law and by applying ratio laid down
by this Court in the judgment dated 12.01.2024 as has been referred
to hereinabove and dispose of the representation of the Petitioner
by passing a speaking and reasoned order within eight weeks from
the date of communication of a copy of today's order. The final
decision so taken be communicated to the Petitioner within ten days
thereafter.
7. With the aforesaid observation, the writ application stands
disposed of.
Issue urgent certified copy of this order as per Rules.
(Aditya Kumar Mohapatra)
PERSONAL ASSISTANT
