[Cites 0, Cited by 0]
Orissa High Court
Hemanta Kumar Das vs State Of Odisha & Ors. ..... Opposite ... on 11 March, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.5481 of 2026
Hemanta Kumar Das ..... Petitioner
Represented by Adv. -
Rama Chandra Jena
-versus-
State of Odisha & Ors. ..... Opposite Parties
Represented by Adv. -
U.C. Jena, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
11.03.2026
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. Perused the writ petition
as well as the documents annexed thereto.
3. By filing the present writ application the Petitioner has made
the following prayer:-
"The petitioner, therefore, prays that Your
Lordship's may graciously be pleased to admit the
writ application, call for the records and after
hearing the parties, allow the same and issue a writ in
the nature of Certiorari/Mandamus or any other or
further writ/writ(s), direction/ directions directing the
opp. parties to consider petitioner's pension and other
pensionary benefits in terms of the provision contain
under Odisha Aided Educational Employees
Retirement benefit Rule 1981 as admissible to the
petitioner, in view of the judgment passed by this
Hon'ble Court in the case of Sarat Chandra Parida
Versus State of Orissa and others reported in 2015
(II) ILR CUT 94 to the petitioner for the interest of
justice.
And pass any other order(s), direction(s) as this
Hon'ble Court may deems fit and proper in the facts
and circumstances of the case."
4. The subject matter of this petition is substantially similar to
the one in Hemanta Kumar Chhotray v. State of Orissa and
others, 2024 (1) OLR 709 and therefore, counsel for the Petitioner
submits that the benefit given to litigants in the subject case should
be extended his client as well.
5. Learned Additional Standing Counsel appearing for the
State-Opposite Parties submits that the said matter is subjudice in
Writ Appeal No.197 of 2024. However, on being asked, he tells
that there is no interim order staying the judgment of the learned
Single Judge. This Court in a number of similar matters has already
ordered extension of the said benefits subject to outcome of the
Writ Appeal and therefore, the same course needs to be adopted
here also, if there are no other legal impediments.
6. Ordered accordingly, without expressing any opinion on the
merits of the matter, the writ petition is disposed of subject to
outcome of the writ appeal mentioned above. Compliance within
eight(8) weeks.
Web copy of order to be acted upon by all concerned.
( A.K. Mohapatra)
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 11-Mar-2026 18:18:11
