The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.11347 of 2025 Rabindra Mahanandia ..... Petitioner Represented By Adv. – Mr. Laxmikanta Mohanty State of Odisha and others ..... Opposite Parties -versus- Represented By Adv. –
Legal Reasoning
Mr. Chiranjaya Mohanty, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No.
Decision
ORDER 15.05.2025 I.A. No.8005 of 2025 02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. This interlocutory application has been filed by the Petitioner seeking modification of order dated 30.04.2025 passed by this Court in the aforesaid writ petition. 3. Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties. 4. Considering the submissions made, the order dated 30.04.2025 is hereby recalled. 5. The I.A. is, accordingly, disposed of. Page 1 of 5. W.P.(C) No.11347 of 2025 6. Heard learned counsel appearing for the petitioners as well as learned Addl. Standing Counsel for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto. 7. The present writ application has been filed by the Petitioner with the following prayer:- “It is, therefore, prayed that this Hon’ble Court may graciously be pleased to issue notice to the opp. parties calling upon them to file show cause as to why:- i) a direction shall not be issued to release the final pension and pensionary benefit of the petitioner as per his last pay drawn dated 28.02.2025 taking into consideration the order passed by this Hon’ble Court in W.P.(C) No.5650 of 2023 under Annexure -12 and the order dated 02.05.2024 issued by the opp. party no.l under Annexure-11 as well as order dated 10.04.2025 issued by opp. party No.1 the provisions of Rule 47(2)(a) of the OCS (Pension) Rule 1992. ii) After hearing the parties be pleased to direct the opp. parties to release the final pension and the petitioner w.e.f pensionary benefit of 01.03.2025 taking into consideration Rule 47(2)(a) of OCS (Pension) Rule 1992 as well as order passed by this Hon’ble Court in W.P.(C) No.5650 of 2023 under Annexure -10 and the order dated 02.05.2024 issued by the opp. party No.l under Annexure -11 as well as order dated 10.04.2025 issued by the opp. party no.11; within a date to be fixed by this Hon’ble Court. Page 2 of 5. iii) The opp. parties be further directed to calculate and release all his arrears; within a date to be fixed by this Hon’ble Court. And pass order/orders, direction/directions as this Hon’ble Court may deem fit and proper.” other any 8. It is submitted by learned counsel for the petitioner that the Petitioner joined in service as MPHW (M) in the Balasore district on 29.04.1981. He further submitted that the petitioner has been granted financial up-gradation under the RACP scheme at the rate of Rs.4,800/- under Annexure-6 to the writ application. Being aggrieved by such decision of the Opposite Parties the Petitioner has approached the Opposite party for enhanced grade pay of RACP scheme at the rate of Rs.5400/- . Since the same dispute is pending before the Opposite Party no final decision has been taken and accordingly the pension papers of the petitioner has not been finalised as of now. Learned counsel for the petitioner at this juncture submitted that the petitioner has retired from service in the meantime with effect from 28.02.2025. In such view of the matter, learned counsel for the petitioner submitted before this court without prejudice of the rights of the Petitioner, the Opposite party be directed to finalise the pay of the Petitioner by taking into consideration the grade pay of Rs.4,800/- which has been granted by the Opposite Party and accordingly the pension papers of the Petitioner be processed and forwarded to the office of the Accountant General forthwith. Page 3 of 5. 9. Learned Addl. Standing Counsel, on the other hand, submitted that since the dispute with regard to grade pay is pending, the pay has not been fixed finally. Accordingly, there is some delay in finalising the pensionary benefits of the Petitioner. However, the petitioner is aggrieved to the grade pay which has already been sanctioned in favour of the Petitioner, he will have no objection in the event this Court directs the Opposite Party to process the pension papers of the Petitioner and forward the same at the office of the Principal Accountant General. 10. Considering the submission made by the learned counsel for the petitioner as well as learned counsel for the State, on a careful consideration of factual background as well as the documents annexed to the writ application, further keeping in view the settled position of law laid down by this Court in relevant judgments, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Opposite Party No.1 to consider the representation of the petitioner dated 12.03.2025 under Annexure-13 within a period of two months from the date of communication of the certified copy of today’s order. It is further directed that while considering the representation, the Opposite Parties shall take into consideration the judgments of this Court as well as documents under Annexures-11 and 12 to the writ application. Further in the event the opposite parties come to a conclusion that the petitioner is entitled to the benefits and gratuity claimed as per the grade pay @ of 4,800, necessary steps be taken to Page 4 of 5. prepare the pension paper accordingly and necessary further steps be taken for sanction and disbursal of the pension papers in favour of the petitioner within a period of six weeks from the date of taking such a decision. Any decision taken by the opposite parties in the meantime shall be duly communicated to the petitioner from time to time. 11. With the aforesaid observations/ directions, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. Debasis ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 19-May-2025 18:13:48 Page 5 of 5.