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Orissa High Court
Kailash Chandra Padhi vs State Of Odisha & Ors. ..... Opposite ... on 17 February, 2026
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No. 35813 of 2025
Kailash Chandra Padhi ..... Petitioner
Mr. L.K. Mohanty, Advocate
-versus-
State of Odisha & Ors. ..... Opposite Parties
Mr. C.K. Pradhan, AGA
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
17.02.2026
1. This matter is taken up through hybrid mode.
2. Pursuant to order dtd.16.12.2025, learned Addl. Govt. Advocate
produced the instruction so provided by the B.D.O., Raikia-Opp.
Party No. 4 vide letter dtd.08.01.2026 in Court. The same be kept in
record.
3. Heard Mr. L.K. Mohanty, learned counsel appearing for the
Petitioner and Mr. C.K. Pradhan, learned Addl. Govt. Advocate
appearing for the Opp. parties.
4. The present writ petition has been filed inter alia with the following
prayer:-
"It is, therefore, prayed that this Hon'ble Court
may graciously be pleased to issue notice to the opp.
Parties calling upon them to file show cause as to why :-
i) A direction shall not be issued to quash the letter
dated 12.12.2024 issued by opp. Party no. 5 under
Annexure-12 and consequential order dated 18.2.2025
issued by Opp. party No. 4 under Annexure-14 and order
dated 9.5.2025 under Annexure-15 taking into
consideration the pay fixation order dated 3.4.2024 issued
by the B.D.O., Raikia under Annexure-9 and taking note
into consideration the provisions of Rule 47 (2) (a) of OCS
Pension Rules, 1992;
ii) And after hearing the parties be pleased to
quash the letter dated 12.12.2024 issued opp. Party No. 5
under Annexure-12 and consequential order dated
18.2.2025 issued by Opp. Party No.4 under Annexure-14
and order dated 9.5.2025 under Annexure-15. The opp.
parties may kindly be directed to refix the final pension
and pensionary benefits of the petitioner dt.30.09.2025
under Annexure-16 as per the last pay drawn dated
30.4.2024 as per the provisions of Rule 47 (2) (a) of OCS
Pension Rules, 1992 and to release the arrears in favour
of the petitioner; within a date to be fixed by this Hon'ble
court.
And pass any other order/orders,
direction/directions as deemed fit and proper;
And for which act of kindness, the petitioner shall
as in duty bound, ever pray."
5. It is contended that Petitioner while in service, he was extended
with the benefit of promotion vide order dtd.02.12.2023 under
Annexure-8. Accordingly, his pay was fixed vide order
dtd.03.04.2024 under Annexure-9. After such extension of the pay
fixation, Petitioner retired on attaining the age of superannuation on
30.04.2024. However, when his pension papers were submitted and
Opp. Party No. 5 raised objection to the pay fixation made in favour
of the Petitioner vide communication dt.12.12.2024 under Annexure-
2, Petitioner approached this Court challenging such communication
issued by the Accountant General on 12.12.2024 in W.P.(C) No.
32886 of 2024.
5.1. This Court vide order dtd.08.01.2025 while disposing the matter,
directed Opp. Party No. 3 to comply with the objection so raised by
the Accountant General in his letter dt.12.12.2024 within a period of
one month and to take proactive step to release the pension and
pensionary benefits in favour of the Petitioner.
5.2. It is contended that even though this Court permitted Opp. Party
No. 3 to comply with the objection so raised by the Accountant
General in his letter dtd.12.12.2024 under Annexure-12, but Opp.
Party No. 4 without having any authority, complied the objection
with fixation of the pay vide order dt.18.02.2025 under Annexure-
14. Opp. Party No. 4 vide letter dtd.09.05.2025 under Annexure-15,
intimated Opp. Party No. 3 about compliance of the objection and
while so intimating, held the Petitioner liable to pay a sum of
Rs.52,127/-.
5.3. It is contended that since this Court vide its order under
Annexure-13, had permitted Opp. Party No. 3 to comply with the
objection of Opp. Party No. 5 so communicated on 12.12.2024, Opp.
Party No. 4 vide Annexure-14 order, could not have complied with
the objection by re-fixing the pay of the Petitioner and forwarding
the same to Opp. Party No. 3 vide letter dt.09.05.2025 under
Annexure-15 with recovery to be made towards excess payment. It
is accordingly contended that Opp. Party No. 3 be directed to take a
decision with regard to the objection raised by Opp. Party No. 5 in
his letter dt.12.12.2024 in terms of order dtd.08.01.2025 under
Annexure-13.
6. Learned Addl. Govt. Advocate also fairly contended that taking
into account the nature of order passed by this Court under Annexure-
13, it is Opp. Party No. 3 who was required to take a decision on the
objection raised by the Accountant General in its letter
dtd.12.12.2024 under Annexure-12.
7. Having heard learned counsel appearing for the Parties,
considering the submission made and the order passed by this Court
in the earlier writ petition under Annexure-13, this Court directs Opp.
Party No. 3 to comply with the objection raised by the Accountant
General in his letter dtd.12.12.2024 under Annexure-12 and by
taking an independent view of the matter. However, Opp. Party No.
3 is directed to take a decision by giving due opportunity of hearing
to the Petitioner as well as Opp. Party No. 4 and comply the same, as
expeditiously as possible, preferably within a period of two (2)
months from the date of receipt of this order.
8. With the aforesaid observation and direction, the writ petition
stands disposed of.
(BIRAJA PRASANNA SATAPATHY)
Judge
Sneha
Location: High Court of Orissa, Cuttack
