The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 11567 of 2022 Kishore Kumar Moharana …. Petitioner Dr. B.K. Mishra, Advocate -versus- State Of Odisha & Ors. …. Opposite Parties
Legal Reasoning
Mr. R.N. Mishra, AGA Mr. N. Sarkar, Advocate (Opp. Party No. 3) Mr. A. Mohanty, Advocate (Opp. Party No. 4) CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY
Decision
ORDER 11.09.2023 Order No 19. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard Dr. B.K. Mishra, learned counsel for the Petitioner, Mr. R.N. Mishra, learned Addl. Govt. Advocate appearing for the Opp. Party Nos. 1 & 2, Mr. N. Sarkar, learned counsel appearing for the Opp. Party No. 3 and Mr. Aurovindo Mohanty, learned counsel appearing for the Opp. Party No. 4. 3. The present writ petition has been filed inter alia with the following prayer:- “It is therefore prayed that Your Lordships would be graciously pleased to admit this writ petition, call for the records and issue RULE NISI calling upon the Opp. Parties to show cause as to why; I. The Opp. Parties shall not be directed to release the Final Pension strictly within a stipulated time. // 2 // And pass any other appropriate order/orders, writ/writs, direction/directions as this Hon’ble Court may deem just and proper in the interest of justice. And for this act of kindness, the Petitioners a in duty bound shall ever pray.” 4. It is contended that even though the Petitioner retired from his service on attaining the age of superannuation on 31.05.2021, but when he was not released with his final pension, the present writ petition was filed. It is further contended that the Petitioner is otherwise eligible to get the benefit of pension and appropriate order be passed. Considering the prayer made in the writ petition, this Court passed an order on 13.04.2023 to the following effect:- “2. Heard Mr. B.K. Mishra, learned counsel for the Petitioner, Mr. N. Sarkar, learned counsel appearing for the Opposite Party No.3 and Mr. A. Mohanty, learned counsel appearing for the Opposite Party No.4. 3. The Petitioner has filed the present Writ Petition with a prayer to directs the Opposite Parties to release the final pension. 4. Learned counsels appearing for the Provident Authority as well as the College contended that the amount deposited before the provident fund authority amounting to Rs.1,50,901/- has already been withdrawn by the Petitioner and unless and until he deposit the said amount, no pension amount can be released as prayed for. 5. Mr. Mishra, disputes the amount indicated by the Provident Fund Authority in letter dated 30.08.2022 enclosed to the counter filed by the Opposite Party No.3 under Annexure-R/3. This Court taking into account the prayer made in the writ petition and the submissions made by the learned counsel appearing for the Provident Fund as well as College directs the Petitioner to deposit the amount indicated in the letter dated 30.08.2022 i.e. amounting to Rs.1,50,901/- without prejudice to the rights and contention of the Petitioner before the Opposite Party No.3 within a period of ten days from today. Page 2 of 4 // 3 // 6. On such deposit of the amount, Opposite Party No.3 is directed to deposit the same before the Provident Authority by following the due procedure within a period of seven (7) days. On receipt of the amount, the Opposite Party No.4 shall take appropriate step for sanction of the pension as due and admissible in favour of the Petitioner. The Opposite Party No.4 is directed to take appropriate step for sanction of the pension on receipt of the amount from the College within a period of two months thereof. 7. As requested, list this matter in the week commencing 17th of July, 2023.” 4.1. Pursuant to the said order, Petitioner deposited a sum of Rs. 1,50,901/- before the Opp. Party No. 3, which was subsequently transferred to the account of Opp. Party No. 4. It is found from the record that on receipt of the amount from the College, Opp. Party No. 4 transferred a sum of Rs. 2,12,337/- to the College on 17.05.2023 i.e. the contribution towards the EPF. The College on being directed by this Court has now deposited the amount before the Govt. on 05.09.2023. The said fact reflected in the additional affidavit filed by the College in Court be kept in record. 4.2. Since the contribution made by the Petitioner towards EPF has now been transferred to the account of Govt. in terms of the order passed by this Court on 01.09.2023, it is contended by the learned counsel for the Petitioner that the Petitioner is now entitled to get the benefit of pension from the Govt. under the provisions of Orissa Aided Educational Institutions’ Employees Retirement Benefit Rules, 1981 (in short “Rules”). 5. Mr. R.N. Mishra, learned Addl. Govt. Advocate appearing for the Opp. Party Nos. 1 & 2 also fairly contended that the Petitioner being an employee of an Aided Educational Institution and because of the development, which was taken place in the meantime with refund of the contribution made towards EPF, the claim of the Page 3 of 4 // 4 // Petitioner for grant of pension and other pensionary benefits will now be considered by Opp. Party No. 1. 6. It is contended by Mr. N. Sarkar, learned counsel appearing for Opp. Party No. 3 that the pension papers of the Petitioner have already been forwarded to the Govt.-Opp. Party No. 1 on 14.06.2023 through online and on 19.06.2023 through Physical mode. 7. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court while disposing the writ petition, directs Opp. Party No. 1 to sanction the pension and other pensionary benefits as due and admissible in favour of the Petitioner in terms of the aforesaid Rules within a period of three (3) months from the date of receipt of this order. 8. The writ petition is disposed of accordingly. (Biraja Prasanna Satapathy) Judge Sneha Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 14-Sep-2023 13:18:45 Page 4 of 4