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Orissa High Court
Baidhar Rout vs N. Thirumala on 20 February, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CONTC No.6399 of 2025
Baidhar Rout .... Petitioner
Mr. R. Mohanty, Advocate
-Versus-
N. Thirumala, Principal Secretary to .... Opposite Parties
Govt., School & Mass Education
Department, Bhubaneswar and others
Mr. U.C. Behura, AGA
CORAM:
JUSTICE KRISHNA SHRIPAD DIXIT
ORDER
Order No. 20.02.2026
02.
This Court vide order dated 19.09.2025 entered by this
Court in W.P.(C) No.25667 had said as under:
"3. Learned AGA-Mr. Mohanty appearing for the OPs,
in all fairness, submits that he would instruct the
jurisdictional OPs to look into the grievance of the
Petitioner, as has been aired in the subject representation
in a time bound way and in accordance with law, if all
contentions of the parties are kept open. With this proposal
counsel for the Petitioner is agreeable.
In the above circumstances, writ petition is disposed
off. Time for compliance is eight weeks.
It is open to the answering OPs to solicit any
information or documents from the side of the Petitioner, as
required for taking a decision on the subject representation.
However, in that guise delay shall not be brooked."
2. The complaint alleges non-compliance of the above
direction. However, learned AGA appearing for the Contemnors
has filed the compliance affidavit dated 19.02.2026 sworn to by
one Mr. Birendra Korkora, who is working as Director of
Secondary Education, Bhubaneswar.
3. The affidavit is accompanied by two documents one dated
17.02.2026 addressed to the Controller of Accounts, Odisha
Bhubaneswar and the other is Office Order dated 18.02.2026. The
former reads as under:
"PENSION FORM-G
[See Executive Instruction Para 8(2)(a)]
(Forwarding of Pension Papers of the retiring
Government/Aided/ULB Servant to the Office of the Controller
of Forwarding of Accounts, Odisha)
GOVERNMENT OF ODISHA DEPARTMENT OF
SCHOOL, AND MASS EDUCATION
PSA Designation: DIRECTOR OF SECONDARY
EDUCATION BHUBANESWAR
Letter No: 4409 Letter Date: 17/02/2028
To
The Controller of Accounts, Odisha Bhubaneswar
Sub:- Forwarding of Pension Papers For BAIDHAR ROUT
(SET-0002922).
Sir
I am directed to forward herewith the Pension papers
of BAIPHAR ROUT Designation HEADMASTER OF HIGH
SCHOOL working in this Department/Office for necessary
authorization for drawl of pension/commuted value of
pension/gratuity as per the suggestion given in.O.C.S.(pension)
Form-F and outstanding Government dues are to be recovered
from the retirement Gratuity and pending assessment of any
other outstanding Government dues amount as suggested may
be withheld till final decision in this regard.
The fact of authorization of pensionary benefits has to be
intimated to this Office/Department.
Yours Faithfully,
Signature of the Pension
Sanctioning Authority with
Designation
Details of Enclosures:-
1. OCS (Pension) Form-E.
2. OCS (Pension) Form-F.
3. Nomination Form in OCS (Pension) Form-C/
4. Specimen Signature, Personal Identification mark & three
copies of Passpost size joint/Single Photograph of the
retiring Government/Aided/ULB Servant duly attested by
Pension Sanctioning Authority/Head of Office.
5. Original Service Book.
6. Original Medical Certificate (in case of invalid pension)"
4. The later reads as under:
"Director Secondary Education, Orissa, Bhubaneswar
No. 202574962029/ Dt. 17/02/2026
OFFICE ORDER
File No.1P-20-2026-III
Issue No.4464 Dated 18.02.2026
Sub: Sanction of cash equivalent of Un-utilised Earned
Leave in favour of BAIDHAR ROUT
In terms of Rule 20-A of All India Service Leave Rules,
1955 and Rule 7(1) of Odisha Leave Rules, 1966 read with
Finance Department Office Memorandum No.60319/ F
dt.28.11.77, No.34015/F dt.13.07.28, No.2281/F
Dt.12.01.1981, No.9990/F Dt. 12.03.1983, No. 45439/F Dt. 27
09:2002 and No. 7351/F Dt .19-02-2003 sanction is here by
accorded towards payment of cash equivalent of leave salary
in BAIDHAR ROUT ax Sr. SES, H.M, i.e., the date of 30-06-
2024 for the period of his service rendered under Government
only.
The un-ullised leave salary in respect of earned leave
standing to the credit shall be paid to Sri/Smt. BAIDHAR
ROUT
The above concession is subject to the conditions laid
down in the aforesaid Rules/Office Memorandum.
(a) The cash equivalent of leave salary now sanctioned
will be paid in lump-sum.
(b) The cash payment under this order will be equal to
leave salary as admissible for Earned Leave and Dearness
Allowance as admissible thereon at rates in force on the date
of Retiremen/ Death 30-06-2024 of the employee excluding
Special pay if any.
(c) No Compensatory Allowance of House Rent shall be
payable on this.
The charge is debitable to head 05-Demand Number
for Finance Department-2071-
PENSIONSANDOTHERRETIREMENTBENEFITS-01515-
LEAVEENCASHMENTBENEFITS-1020-Other Pensionary
Benefits-38005-004-Pensionary Charges-11-EOM-1-Voted-O-
None"
5. Learned AGA on the basis of accompaniments to the
affidavit submits that the order passed in the writ would be
translated into monetary value within an outer limit of three
weeks.
In view of the above, this Court is of the considered
opinion that there is compliance coupled with undertaking
complying the rest. Therefore, the CONTC is dropped with
liberty to the Complainant to seek its revival in the event money
does not reach his hands.
(Krishna Shripad Dixit)
Judge
Anisha
