The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.12119 of 2025 ..... ..... Petitioner Represented By Adv. - Jagabandhu Sahu Opposite Parties Represented By Adv. – Mr.U.C.Jena,ASC Shreekanta Naik -versus- 1) State Of Odisha 2) Addl. Chief Secy To Govt Of Water Resources Dept., Bbsr 3) Commnr Cum Secy To Govt., Panchayati Raj And Drinking Water 4) District Rural Development Agency, Sundargarh 5) Project Director, Drda, Sundargarh CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 05.05.2025 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 learned Additional Standing Counsel for the State-Opposite Parties. Perused the Writ Petition as well as the documents annexed thereto. 3. The Petitioner has filed the present Writ Petition with the following prayer: “ It is therefore, humbly prayed that this Hon’ble Court may graciously be pleased to admit the Writ Petition, issue Rule NISI, calling upon the Opposite Parties to show cause as to why a writ in the nature Page 1 of 5. of Mandamus or any other appropriate writ or writs shall not be issued to direct the Opp.Parties to the Petitioner since sanction 01.07.2023 with 9% interest and further direct to dispose of the representation under Annexure-7 series, the pension of And pass any other appropriate order/orders, direction/directions, writ/writs as deem fit and proper,” 4. Learned counsel for the Petitioner at the outset contended that initially the Petitioner was appointed on 14.11.1983 as Junior Engineer (Civil) in the Office of the Executive Engineer, Nuapada Irrigation Division, Nuapada. Thereafter, the Petitioner was promoted to the post of Assistant Engineer (Civil) on 22.11.2011. Finally, after rendering 39 years and six months of continuous service, the Petitioner retired from service on attaining the age of superannuation on 30.06.2023. Although the Petitioner is receiving provisional pension since 01.07.2023, however, he has not been paid his retiral dues, final pension and gratuity as
Legal Reasoning
is due and admissible to the Petitioner. Being aggrieved by the inaction of the Opposite Parties, the Petitioner has approached this Court by filing the present Writ Petition. 5.
Legal Reasoning
Learned counsel for the Petitioner further contended that while the Petitioner was working as Assistant Engineer, he was posted in the Office of the Block Development Officer, Lephripara in the district of Sundargarh, a Disciplinary Proceeding was initiated against the petitioner vide Memorandum dated 05.03.2017. A copy of such memorandum has been annexed to the Writ Petition as Annexure-5 to the Writ Petition. He further contended that pursuant to the Page 2 of 5. aforesaid memorandum of charge an Enquiry Officer was appointed and after conclusion of enquiry, the Enquiry Officer has submitted his report before the Disciplinary Authority recommending exoneration of the Petitioner, however the copy of the enquiry report has not been annexed to the Writ Petition. Learned counsel for the Petitioner further submitted that after submission of the enquiry report, a show cause notice was issued to the Petitioner on 18.10.2019. In reply to the aforesaid show cause notice, the Petitioner has already submitted his reply on 22.10.2019 under Annexure-4 to the Writ Petition. He further contended that the in the meantime the enquiry report has been submitted in the Disciplinary Proceeding and no final decision has been taken by the authority although several years have passed in the meantime. He further contended that during the pendency of the Disciplinary Proceeding the Opposite Parties have withheld the pensionary benefit as is due and admissible to the Petitioner. Being aggrieved by such illegal conduct of the Opposite Parties, the Petitioner has approached this Court by filing the present Writ Petition. 6. Learned Additional Standing Counsel on the other hand submitted that he has no instruction in the matter, however on
Decision
perusal of the pleadings in the Writ Petition, it appears that the Petitioner has submitted his show cause reply on 22.10.2019. In such view of the matter, learned Additional standing Counsel contended that the Opposite Parties have not committed any illegality in withholding the retiral as well as pensionary benefit of the Petitioner. Admittedly, a Disciplinary Page 3 of 5. Proceeding was pending against the Petitioner. In the event enquiry report has been submitted and no final decision has been taken thereon by the Disciplinary Authority, he has no objection in the event this Court directs the authorities to take a final decision on the enquiry report taking into consideration the show cause reply dated 22.10.2019 in accordance with law and dispose of the Disciplinary Proceeding within a stipulated period of time. 7. Considering the submissions made by the learned counsels for the respective parties, on a careful examination of the background facts as well as the documents annexed to the Writ Petition, this Court observes that the main grievance of the Petitioner involved in the Writ Petition is with regard to non- payment of retiral dues, final pension and pensionary benefit. It appears that the Disciplinary Proceeding was initiated against the Petitioner in the year 2017 and that although an enquiry report has been submitted as alleged by the Petitioner, however, the Disciplinary Proceeding has not been finalised as of now. Taking into consideration the aforesaid position, this Court deems it proper to dispose of the Writ Petition at the stage of admission by directing the Opposite Party no.1 to dispose of the pending Disciplinary Proceeding against the Petitioner by taking into consideration the enquiry report as well as show cause reply of the Petitioner dated 22.10.2019 within a period of two months from the date of communication of this order. It is further made clear that in the event the Disciplinary Authority comes to a conclusion that the Petitioner is to be exonerated in the Disciplinary Proceeding, then in such Page 4 of 5. eventuality the Opposite Party no.2 shall take necessary steps for sanction and disbursal of the retiral dues as well as pensionary benefit to the Petitioner as expeditiously as possible within six weeks from the date of taking such decision. 8. With the aforesaid observation, the Writ Petition stands disposed of. 9. Issue urgent certified copy of this order in course of the day. 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: 06-May-2025 18:28:35