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Orissa High Court
Chintamani Padhan vs State Of Odisha & Ors. ..... Opposite ... on 12 March, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.34059 of 2025
Chintamani Padhan ..... Petitioner
Represented by Adv. -
Pravash Chandra
Mahapatra
-versus-
State Of Odisha & Ors. ..... Opposite Parties
Represented by Adv. -
Ms. S.Nayak, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
Order No. 12.03.2026
02. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as the learned
counsel for the State. Perused the 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' be
graciously pleased to admit the writ petition, issue rule
nisi in the nature of writ of mandamus or in any other
appropriate nature of writ (s) as deem fit and proper
calling upon the Opp. Parties to show cause as to why
the prayer made hereunder shall not be allowed, and if
no/ insufficient cause is shown, the said rule be made
absolute by issuing writ(s) in the nature of:
The Opp. Parties be directed to sanction final pension
and pensionary benefits to the petitioner at an early
date along with interest on delayed payment of pension
having been retired more than 15 years by this time in
the interest of justice.
AND,
The 0pp. Parties more particularly the O.P No.5 be
directed to calculate and disburse the final accumulated
of GPF amount pending credited in his Account No.
69555/PS with interest as admissible to him at an early
date.
AND,
The 0pp. Parties be directed to disburse the salary for
the period from 09.08.1979 to 31.03.1981 when he had
undergone C.T. Training as in service teacher along
with other admissible dues to him taking into the
account the representation dt. 13.04.2024 at Annexure-
9 in the interest of justice.
AND,
Further be pleased to pass such other writ (s)/ order (s)
as may deem just and proper."
4. The factual background leading to filing of the present writ
application, in short, is that the Petitioner was initially joined as
Assistant Teacher at Chandanpali L.P. School on 06.01.1971.
Thereafter, the Petitioner continued to discharge his service and
finally, on attaining the age of superannuation, the Petitioner has
taken retirement from service w.e.f. 31.01.2010.
5. After his retirement from service, the Petitioner moved the
learned Odisha Administrative Tribunal by filling O.A. No.07 of
2011 which was disposed of vide order dated 03.02.2011. Thereafter,
the Petitioner filed CONTC (CP) No.188 of 2011 on 18.10.2022
before this Hon'ble Court. At the time when the contempt was filed,
the tribunal was already abolished. However, neither the writ petition
discloses nor the learned counsel for the Petitioner is able to intimate
this Court as to what had happened in the abovenoted contempt
application.
6. Be that an it may, the Petitioner being aggrieved by inaction of
the Opposite parties in granting his final pension as well as pay
revision as per the CT Teacher Scale and non-payment of GPF dues
approached the Opposite Party No.2 by filing a detailed
representation on 13.04.2024 at Annexure-9 to the present writ
application. However, no final decision has been taken on such
representation. Thereafter, the Petitioner approached this Court by
filing the W.P.(C) No.16753 of 2024 which was permitted to be
withdrawn by virtue of the order of the Coordinate Bench dated
16.07.2024.
7. While this was the position, the Petitioner moved a review
petition bearing RVWPET No.309 of 2024 seeking review of order
dated 18.10.2022 passed in CONTC (CP) No.188 of 2011 along with
an application for condonation of delay bearing I.A. No.409 of 2024.
A coordinate Bench vide order dated 10.04.2025 dismissed the I.A.
application. Accordingly, the review was dismissed on the ground of
limitation.
8. Finally, being aggrieved by the inaction of the Opposite Parties
in granting final pension and other financial benefit as is due and
admissible to the Petitioner, the Petitioner approached this Court by
filing the present writ application.
9. Learned counsel for the State on the other hand contended that
she has no specific instruction in the matter. She further contended
that the pension papers of the Petitioner were forwarded to the
controller of accounts for grant of final pension to the Petitioner.
However, the same was returned on a different pretext. The last time
the same was returned on the ground that the period for which the
Petitioner was on leave without pay has not been regularised by the
State Government. Although, the pension papers were again
submitted after sanctioning the aforesaid leave period, no final
decision has been taken with regard to grant of final pension and
other financial benefits as is due and admissible to the Petitioner.
Learned counsel for the State further contended that since the
Director of Elementary Education, Govt. of Odisha is the Competent
Authority to take a final decision in the matter, in the event the
Petitioner is granted liberty to approach the Director of Elementary
Education, Govt. of Odisha, i.e., Opposite Party No.2 for redressal of
grievance of the Petitioner as per law and within a stipulated period
of time, she will have no objection to the same.
10. Having regard to the submissions made by the learned counsels
for the respective parties, on a careful examination of the background
facts, further taking note of the fact that the Petitioner has retired
from service in the year 2010 and till date he has not been getting
final pension and other dues as is admissible, this Court deems it
proper to dispose of the present writ application by granting liberty to
the Petitioner to approach the Director of Elementary Education,
Govt. of Odisha i.e. Opposite Party No.2 by filing a detailed
representation taking therein all the grounds along with all supporting
documents within a period of two weeks from today. In such
eventuality, the Opposite Party No.2 shall consider the case of the
Petitioner as per the applicable law and pass necessary consequential
direction therein, provided there are no other legal impediment, then
the Opposite Parties shall do well to sanction and disburse the final
pension as well as other benefits as is due and admissible to the
petitioner within a period of six weeks from the date of taking such a
decision. While considering the application of the Petitioner, the
Opposite Party No.2 shall also take into consideration the Rule 35 (2)
of the O.C.S. Pension Rules, 1992.
11. With the aforesaid observations, and directions, the writ
application is disposed of.
(A.K. Mohapatra)
Judge
Rubi
