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Orissa High Court
Sanjay Kumar Behera vs State Of Odisha & Ors. ..... Opposite ... on 3 February, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.2982 of 2026
Sanjay Kumar Behera ..... Petitioner
Represented by Adv. -
Subhransu Bhusan
Mohanty
-versus-
State Of Odisha & Ors. ..... Opposite Parties
Represented by Adv. -
Sasmita Nayak, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
03.02.2026
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 Standing Counsel for the State-Opposite Parties.
Perused the writ application as well as the documents annexed
thereto.
3. The Petitioner has filed the present writ application with the
following prayer:
"It is therefore prayed that this Hon'ble Court may
graciously be pleased:-
i) To admit this Writ Application.
ii) To direct the Opposite Parties to grant Minimum/
Proportionate Pension to the Petitioner (Retired
Elementary Teacher)
in view of Rule 2 (i) (a) of Unified Pension Scheme by
combining and including the Ganasikshyak Services
rendered for about more than 8 years in Govt. Primary
Schools as qualifying service in order to bridge up the
short fall of some months to 10 years, for providing
economic justice and social security to the Old Petitioner.
And may pass any other order(s)/ direction(s) as
deemed fit and proper in the interest of justice."
4. It is stated by learned counsel for the Petitioner that initially
the Petitioner was engaged as Ganasikshyak in the year 2009.
Thereafter, the service of the Petitioner was regularised vide order
dated 19.02.2018 at Annexure-4 as a regular teacher in the district
of Mayurbhanj. In the aforesaid context, learned counsel for the
Petitioner referred to the office order dated 19.02.2018 at
Annexure-4 wherein the name of the Petitioner appears at Sl.
No.19. He further contended that although in the meantime the
Petitioner has retired from service on attaining the age of
superannuation w.e.f. 30.04.2025 as has been indicated in letter
dated 05.02.2025 at Annexure-5, however, the Petitioner has not
been paid his pension and pensionary benefits. Learned counsel for
the Petitioner contended that the Petitioner is covered by the NPS
pension scheme of the Govt. of Odisha. As such, the Petitioner is
entitled to the pensionary benefits. Since there is a shortfall in the
minimum qualifying years for getting pensionary benefits by 3
years, the Petitioner has approached this Court by filing the present
writ application for a direction to the Opposite Parties to take into
consideration 3 years of service rendered by him as Ganasikshyak
for the purpose of calculation pension and pensionary benefits.
5. He further contended that in the aforesaid context the
Petitioner has already approached the Opposite Party No.1 by filing
a detailed representation on 15.05.2025 at Annexure-9. However,
no final decision has been taken on such representation of the
Petitioner. In the aforesaid context, learned counsel for the
Petitioner submitted that in several similar cases, this Court has
directed the Opposite Parties to take into consideration the shortfall
period to arrive at the minimum qualifying period for getting
pensionary benefits. Accordingly, it was submitted that the
Opposite Parties be directed to add 3 years of his service as
Ganasikshyak to certify the minimum qualifying period under the
NPS scheme to get the pension and pensionary benefits.
6. Learned counsel for the State on the other hand contended
that he has no specific instruction in the matter. However, taking
into consideration the fact the Petitioner has already approached the
Opposite Party No.1, who is the competent authority to take a
decision in the matter, and that as per the submissions made by
learned counsel or the Petitioner, the representation of the
Petitioner is still pending before the Opposite Party No.1, he will
have no objection in the event this Court directs the Opposite Party
No.1 to consider such representation strictly in accordance with law
within a stipulated period of time.
7. Considering the submissions made by learned counsels
appearing for both sides, on a careful examination of the
background facts as well as the documents annexed to the writ
application, further taking into consideration the limited nature of
the grievance, this Court deems it proper to dispose of the writ
application at the stage of admission by directing the Opposite
Party No.1 to consider the representation of the Petitioner dated
15.05.2025 under Annexure-9 strictly in accordance with law and
by applying the law laid down by this Court in several judgments
and the representation of the Petitioner shall be disposed of by
passing a speaking order within a period of eight weeks from the
date of production of certified copy of this order. The decision so
taken by the Opposite Party No.2 be also communicated to the
Petitioner within ten days thereafter.
8. With the aforesaid observation/ direction, the writ application
stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 04-Feb-2026 19:17:06
