The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.10452 of 2025 Muralidhar Das ..... Petitioner Represented By Adv. - Prafulla Kumar Mohapatra -versus- 1) State Of Orissa 2) Engineer-in-chief (civil) , Odisha 3) Secy. To Govt. Of Orissa, Finance Dept. 4) Accountant General (a And E) , Odisha ..... Opposite Parties Represented By Adv. – Mr.S.K.Parhi, ASC Mr.S.K.Patra, Standing Counsel for A.G.Odisha
Legal Reasoning
CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Decision
ORDER 21.04.2025 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 the learned Additional Standing Counsel for the State. Perused the Writ Petition as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “It is therefore, humbly prayed that this Hon’ble Court may graciously be pleased to:- i) Quash the order dated 18.06.2024 under annexure-6 passed by the Opp.Party no.4 as it is illegal and not in consonance with the order in O.A.No.2781 of 2018 and passed Page 1 of 5. ii) W.A.No.602 of 2020; Direct the Opp.Party no.1 to resubmit the pension papers of the Petitioner as has been submitted earlier vide letter No.11995 dated 29.04.2024 forthwith and upon receipt of the same, the Opp.Party no.4 shall take immediate action to sanction the pension and pensionary benefits expeditiously taking into account the order of the Tribunal in O.a.No.2781 of 2018 and the order passed by this Hon’ble Court in W.A.No.602 of 2020, since the Petitioner is a retired employee since 31.10.2019; iii) Pass such other order/direction as would be deem fit and proper in the bona fide interest of justice.” 4. It is stated by the learned counsel for the Petitioner that although pension papers were sent to the Office of the Accountant General (A&E), Odisha by the concerned department recommending fixing the pay of the Petitioner at Level-13, however the pension papers were returned by the Office of the A.G.Odisha, Opposite Party No.4 vide letter dated 18.06.2024 under Annexure-6 intimating the Government that after scrutiny of the pension papers, it was found that the same was incomplete and the Government was requested to resubmit the pension papers pertaining to the Petitioner after complying with the deficiencies as has been pointed out by the Office of Opposite Party No.4. At this juncture, learned counsel for the Petitioner contended that although the pay of the Petitioner has been fixed at Level-13, the deficiencies as has been pointed out by the Office of Opposite Party no.4 has not been processed by the Opposite Party No.1. Being aggrieved by the inaction of Opposite Party No.1, the Petitioner has Page 2 of 5. approached this Court by filing the present Writ Petition. 5. In course of argument, learned counsel for the Petitioner, drawing the attention of this Court to the order passed by the learned Tribunal in O.A.no.2781 of 2018 disposed of on 04.12.2018, contended that the learned Tribunal while disposing of the Original Application has categorically held that the Petitioner is entitled to the Grade Pay of Rs.6600/- towards 3rd RACP with effect from 01.01.2013. He further contended that since the order of the Tribunal was not given effect to, the Petitioner has approached this Court by filing W.P.(C)18955 of 2020 which was disposed of on 26.08.2020 by directing the Opposite Parties to carry out the order passed by the learned Tribunal in the aforesaid Original Application. He further contended that despite such direction by the Hon’ble Single Judge, which was confirmed in W.A.No.602 of 2020 by a Division Bench of this Court vide order dated 10.02.2021, the Petitioner has not been extended with the benefit as has been directed by the Tribunal in O.A.no.2781 of 2018. 6. Mr.S.K.Patra, learned counsel, who usually appears for the A.G.Odisha, on the other hand contended that although pension papers were forwarded to the Office of Opposite Party No.4, however on scrutiny certain deficiency has been found and the same has been informed to the Office of Opposite Party No.1 vide letter of Opposite Party No.4 under Annexure- 6 to the Writ Petition. Awaiting compliance of the letter dated 18.06.2024 under Annexure-6 to the Writ Petition, no final decision has been taken. In such view of the matter, Mr.Patra, learned counsel for A.G., Odisha contended that no fault can Page 3 of 5. be found on the conduct of Opposite Party No.4 in returning the pension papers of the Petitioner. 7. Learned Additional Standing Counsel appearing for the State contended that although he has no instruction in the matter, however on a close scrutiny of Annexure-6, it is found that the pension papers have been returned to the Government. In such view of the matter, learned Additional Counsel contended that he will have no objection in the event this Court directs the Opposite Party No.1 to comply with the deficiency pointed out in the letter under Annexure-6 to the Writ Petition, if the same has not been complied with in the meantime. 8. Having heard learned counsels for the respective parties, on a careful examination of the background facts and documents filed along with the Writ Petition and keeping in view the nature of prayer involved in the Writ Petition, this Court deems it proper to dispose of the Writ Petition at the stage of admission by directing the Opposite Party No.1 to comply with the request made in letter dated 18.06.2024 under Annexure-6 by the Opposite Party No.4 within a period of four weeks from the date of communication of this order. After such compliance, the Opposite Parties shall take necessary action by resubmitting the pension papers of the Petitioner as expeditiously as possible within a period of four weeks from the date of complying with the deficiencies pointed out by Opposite Party no.4 vide letter under Annexure-6. It is further directed that the Opposite Party No.1 shall make every endeavour to release all the dues of the Petitioner, as he is Page 4 of 5. entitled to as per law, within 10 (ten) weeks from the date of communication of certified copy of this order. 9. With the aforesaid observation, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra ) Judge Page 5 of 5. Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: AR-CUM-Senior Secretary Reason: Authentication Location: High Court of Orissa Date: 22-Apr-2025 17:25:07