[Cites 0, Cited by 0]
Orissa High Court
Amulya Kumar Gochhayat vs State Of Orissa & Ors. ..... Opposite ... on 6 February, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.4081 of 2026
Amulya Kumar Gochhayat ..... Petitioner
Represented by Adv. -
Satyajit Samal
-versus-
State Of Orissa & Ors. ..... Opposite Parties
Represented by Adv. -
Mr. D.K. Sahu, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
Order No. 06.02.2026
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. On the prayer of learned counsel for the Petitioner, he is
permitted to carry out correction of the typographical error in the writ
application. Let the corrected copy of the cause title be uploaded
within three working days after serving a copy thereof on the learned
counsel for the State in the meantime.
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 prayed that, your Lordships shall
be graciously pleased enough to admit the writ petition
and after hearing the parties issue a writ of mandamus
directing the Opposite parties more particularly to the
Opposite Party No. 3 to sanction and release the
pension and pensionary benefits to the petitioner w. e. f.
01.10.2024 in terms of Rule - 3 of the Orissa Aided
Educational Institutions Employees Retirement Benefit
Rules, 1981 keeping in view of the ratio decided by this
Hon'ble Court in case of Sarat Chandra parida -Vrs-
State of Odisha, reported in 2015 (II) ILR- CUT-94 and
Hemanta Kumar Chhotaray -Vrs- State of Orissa and
Others with batch of Writ petitions vide Judgement
dated. 12.1.2024 passed in W. P. (C) No. 17067 of 2023
within a reasonable time to be stipulated by this
Hon'ble Court.
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."
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
Cort 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
partis, 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 detailed
representation taking therein all the grounds along with supporting
documents and copies to the judgment be 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.
8. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Sisir
Designation: Personal Assistant
