The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.10505 of 2025 Dillpi Kumar Mohapatra ..... Petitioner Represented By Adv. - Mahendra Kumar Sahoo State of Odisha & Ors. ..... Opposite Parties -versus- Represented By Adv. – D. Lenka, A.G.A. S.K.Patra, Standing Counsel for the Principal A.G. (A&E), Odisha
Legal Reasoning
CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Decision
ORDER 22.04.2025 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the State-Opposite Parties and Mr.S.K.Patra, learned Standing Counsel for Accountant General (A&E), Odisha. Perused the writ application as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “Under the above facts and circumstances of the case, it is humbly prayed that this Hon'ble High Court be this writ application by granting pleased to allow Page 1 of 5. Order No. 01. following reliefs:- (A) Appropriate writ / writs be issued quashing the impugned order under Annexure-6 and consequential recovery order under Annexurre-7. (B) An appropriate order / orders / direction/directions be issued directing the Opp. Parties to grant final pension with all arrear pensionary benefits with 18% interest thereon. (C) An appropriate order / orders / direction /directions be issued directing the Opp. Parties to grant gratuity with statutory interest thereon in favour of the petitioner forthwith (D) Or in alternative, any other order / orders or direction / directions may be issued so as to give complete relief to the petitioner in the given facts and circumstances of the case as deemed fit and proper in the interest of equity and justice.” 4. Learned counsel for the Petitioner at the outset contended that initially the Petitioner being duly selected was appointed as a VLW on 15.07.1986. While working as such, the Petitioner has retired from service as PEO on attaining the age of superannuation w.e.f. 30.04.2022. After his retirement, since the Petitioner was not getting his retiral dues, the Petitioner submitted a representation on 15.11.2022. Despite ventilating his grievance no action was taken by the authorities. Finally, the Petitioner approached this Court by filing W.P.(C) No.27034 of 2023. This Court disposed of the above noted writ application vide order dated 22.08.2023 with a direction to the Opposite Parties to release pension and all pensionary benefits along with interest at the rate of 18%. 5. After disposal of the earlier writ application, the Opposite Page 2 of 5. Party No.1 issued instruction with regard to extension of revised RACP benefits in favour of the Petitioner vide their letter dated 04.01.2024. The office of the Accountant General returned the original service book of the Petitioner with a direction to the Pension Sanctioning Authority to re-submit the pension papers after revising the pay scale vide their letter dated 06.03.2024 under Annexure-6 to the writ application. The grievance of the Petitioner in the present writ application is that although the Petitioner has drawn a sum of Rs.1,44,998/- in the meantime, however, he has been asked by the Opposite Party No.5 vide letter dated 05.04.2025 to deposit a sum of Rs.1,44,998/- as the same is excess amount drawn by the Petitioner, with a further assurance that after such deposit, the case of the Petitioner shall be considered in terms of the letter dated 04.01.2024. Being aggrieved by such order of recovery and the direction to deposit the money in the treasury, the Petitioner has approached this Court by filing the present writ application. 6. Learned Additional Government Advocate on the other hand on perusal of the pleadings in the writ application it appears that the Opposite parties have directed the Petitioner to deposit the money so that they can take further steps to re-calculate and to re-fix the pay scale of the Petitioner in terms of the letter dated 04.01.2024 under Annexure-5. In such view of the matter, learned counsel for the State submitted that no prejudice be caused to the Petitioner in the event he deposits the money before the authorities as has been directed vide their letter dated 05.04.2025 under Annexure-7. 7. Considering the submissions of learned counsels for the parties, on a careful examination of the background facts as well as Page 3 of 5. materials on record, further keeping in view the limited nature of grievance of the Petitioner, this Court deems it proper to dispose of the writ application at the stage of admission by granting liberty to the Petitioner to approach the Opposite Party No.5 by filing a detailed representation taking therein all the grounds within a period of two weeks from today. In such eventuality, the Opposite Party No.5 shall re-calculate and re-fix the pay scale of the Petitioner in terms of letter dated 04.01.2024 and further keeping in view the letter of the Principal Accountant General under Annexure-6 to the writ application. Further, it is directed that till such re-calculation is done by the Opposite Party No.5 and communicated to the office of the Principal Accountant General, Opposite Party No.3, no recovery shall be made from the Petitioner pursuant to the letter under Annexure-7 to the writ application. Any decision taken by the Opposite Party No.5 shall be communicated to the Petitioner forthwith. 8. At this juncture, learned counsel for the Petitioner contended that the Petitioner has not received the gratuity amount as is due and admissible to the Petitioner. 9. This Court further directs that in the event the Petitioner has not been paid his dues towards the gratuity, the Opposite Parties shall take necessary steps for sanctioning and disbursal of such gratuity amount in favour of the Petitioner in accordance with law as expeditiously as possible preferably within a period of six weeks from the date of communication of a certified copy of today’s order, if there are no legal impediments. 10. With the aforesaid observations/ directions, the writ Page 4 of 5. application stands disposed of. 11. Issue urgent certified copy of this order as per Rules. Anil ( A.K. Mohapatra ) Judge Page 5 of 5. Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 23-Apr-2025 14:34:39