Dillip Kumar Nayak v. State of Odisha & Ors.
Case at a glance
- Bench
- DIXIT KRISHNA SHRIPAD
Outcome
Disposed of
In the above circumstances, this writ petition is disposed of
Key paragraphs
- Para 33. Learned AGA appearing for the official opposite parties and the learned Penal Counsel appearing for office of the Accountant General submit that ordinarily pensions are sanctioned & released in a normative way; however, when dues are noticed pursuant to audit objection, unless the same…
Judgment
Petitioner Represented by Adv.- Mr. B. Mohanty, Advocate Opposite Parties Represented by Adv.- Mr. D.K. Lenka, AGA Mr. P.K. Patra, Advocate CORAM: JUSTICE DIXIT KRISHNA SHRIPAD ORDER 01.08.2025 The grievance of the petitioner, a pensioner, is as to non- sanctioning of regular pension, although provisional pension is released.
Learned counsel for the petitioner, relaying upon the decision of the Apex Court in D.S.Nakara v. Union of India, AIR 1983 SC 130, submits that pension is not a bounty and withholding of pension is unjustified and therefore this Court should intervene to do justice to his client.
Operative part
Learned AGA appearing for the official opposite parties and the learned Penal Counsel appearing for office of the Accountant General submit that ordinarily pensions are sanctioned & released in a normative way; however, when dues are noticed pursuant to audit objection, unless the same are cleared, the pension papers are not processed. Learned AGA Order No. 12. appearing for the official opposite parties has also filed a counter affidavit dated 31.07.2025 countering the contentions taken in the petition and says that if the petitioner agrees for the deduction of Rs.2,08,484.40 (rupees two lakh eight thousand four hundred eighty four and forty paise), there would be no difficulty for releasing rest of the amount by sanctioning the regular pension. Counsel for the petitioner is agreeable with this proposal subject to reserving his right to challenge the deduction in an appropriate proceeding. This is fair & reasonable. In the above circumstances, this writ petition is disposed of directing opposite party no.2 to recommend sanction of regular pension to the petitioner within an outer limit of four (4) weeks subject to the observations herein above made. On the submission of papers by the second opposite party, the office of the Accountant General shall process the same and sanction the pension within four (4) weeks next following. Should delay be brooked the respondents shall be liable to pay 1% interest per mensem for the initial three months and 2% for the period next following. Interest amount may be recovered from the erring officials concerned. If any difficulty arises in giving effect to this order, it is open to the parties concerned to move an appropriate application and seek clarification. Now, no costs. Prasant Signature Not Verified Digitally Signed Signed by: PRASANT KUMAR SAHOO Designation: PERSONAL ASSISTANT Reason: AUT Location: Orissa High Court Date: 01-Aug-2025 19:55:46 ( Dixit Krishna Shripad ) Judge
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.