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Orissa High Court
Trinatha Swain vs State Of Odisha & Ors on 12 March, 2026
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.17727 of 2024
Trinatha Swain .... Petitioner
Mr. R.K. Patnaik, Advocate
-versus-
State of Odisha & Ors.
.... Opposite Parties
Mr. S. Das, ASC
Mr. S.K. Patra, Adv. for O.P.4
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
12.03.2026
Order No.
04. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel appearing for the Parties.
3. 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 opposite
parties. issue a Rule-nisi calling upon the Opposite
Parties to show cause as to why the Writ Petition shall
not be allowed and if the Opposite Parties fail to file
Show Cause Or insufficient and unsatisfactory Cause,
Your Lordships may be pleased to make the rule
absolute and issue an appropriate Writ/Order quashing
the impugned Order of the Opp. Party No.1 dated
16.01.2024 under Annexure-8 and further direct to the
present opposite parties for sanction and disbursement
of the final Pension at the rate of Rs 8193 + T.I including
all other financial and consequential benefits with penal
interest on the ground of delayed payment in the light of
decisions of Hon'ble Supreme Court and this Hon'ble
Court.
// 2 //
And pass such other order/orders and direction as this
Hon'ble Court deems just and proper.
And for this act of kindness, the petitioner shall as in
duty bound ever."
4. It is contended that even though Petitioner is alive
as on date, but pension when was wrongly sanctioned
in the name of his wife, this Court passed the following
order on 11.07.2025:-
"1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. It is stated by the learned counsel for the petitioner
that although the petitioner is alive and he is entitled to
get his final pension @ of Rs.8193/- plus TI. However,
the Opposite Parties have prepared pension papers and
they have sanctioned family pension in the name of the
wife of the petitioner namely Padmini Swain @ of
Rs.5079. Learned counsel for the petitioner submitted
that the petitioner has earlier approached this Court by
filing W.P.(C) No.15687 of 2019 which was disposed of
vide order dated 06.09.2019 as well as contempt
application bearing CONTC No.4688 of 2021 which was
disposed of on 24.11.2023. In the contempt
application specific direction has been given for payment
of regular pension @ of Rs.8193 per month to the
petitioner.
3. The aforesaid development is very strange and
shocks the conscience of this Court. The learned counsel
for the State directed take instruction from the pension
sanctioning authority clarifying the same.
4. List this matter in the week commencing 21st July,
2025."
4.1. It is however contended that in the meantime the
wrong has been rectified, with issuance of the pension
payment order in the name of the Petitioner. However,
it is contended that after such sanction of the pension
in the name of the Petitioner with due rectification,
// 3 //
even though vide order dtd.15.04.2023 of the DFO,
Jeypore Forest Division-Opposite Party No.3 under
Annexure-4, Petitioner was held eligible and entitled to
get revised pension of Rs.7554/- w.e.f. 01.07.2002 and
further revision to Rs.8193/-, but no step is being
taken to submit the revised pension paper of the
Petitioner to the Office of Accountant General, after
passing of the order under Annexure-4.
4.2. It is contended that because of such in action on
the part of the Opposite Party No.3 in not submitting
the revised pension paper, after passing of the order
dtd.15.04.2023 under Annexure-4, Petitioner is in
receipt of pension @ Rs.5079/-, from the date of his
retirement.
4.3. It is accordingly contended that appropriate
direction be issued to Opposite Party No.3, to submit
the revised pension paper in terms of the order
dtd.15.04.2023.
5. Learned Addl. Standing Counsel for the State on
the other hand contended that since Petitioner at no
point of time has moved Opposite Party No.3, for
submission of the revised pension paper after passing
of the order under Annexure-4, the same has not yet
been acted upon.
// 4 //
It is accordingly contended that no fault lies with
the concerned authority for not submitting the revised
pension paper.
6. Having heard learned counsel appearing for the
Parties and considering the submission made, this
Court while disposing the Writ Petition permits the
Petitioner to appear before Opposite Party No.1 along
with a copy of this order on or before 26.03.2026. On
his appearance with submission of the revised pension
papers, Opposite Party No.1 shall submit the revised
pension paper to Opposite Party No.4 in terms of order
dtd.15.04.2023 under Annexure-4 within a period of
four (4) weeks. On such submission of the revised
pension paper by the Pension Sanctioning Authority,
appropriate steps be taken by Opposite Party No.4 in
sanctioning the revised pension along with arrear
pension as due and admissible.
Mr. S.K. Patra, learned counsel appearing for
Opposite Party No.4 is directed to see that revised
pension is sanctioned after submission of the revised
pension paper within a reasonable time period as the
Petitioner is suffering since from the year 2002.
7. With the aforesaid observations and directions,
the Writ Petition stands disposed of.
Digitally Signed (Biraja Prasanna Satapathy)
Location: HIGH COURT OF ORISSA, CUTTACK
Judge
Date: 18-Mar-2026 18:04:19
