The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 29785 of 2024 Laxmi Priya Mohanty ..... State of Odisha & Ors. -versus- ..... CORAM: Petitioner Mr. A.K. Pandey, Advocate Opposite Parties Mr. C.K. Pradhan, AGA THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 20.01.2025 Order No. 04 1. This matter is taken up through hybrid mode.
Legal Reasoning
2. Heard learned counsel appearing for the Parties. 3. Petitioner has filed the present writ petition with the following prayer:- “It is therefore, prayed that this Hon’ble Court may graciously be pleased to; i. Admit the writ application, issue notice to the Opp. Parties and call for the records; And ii. Direct for payment of Gratuity, unutilized leave salary, GPF, final pension and other retiral benefits with 18% interest till the date of actual pension within a stipulated time; And iii. Pass any other order/orders, direction/directions as this Hon’ble Court would be deem fit and proper as facts and circumstances of the case. AND FOR THE SAID ACT OF KINDNESS, THE PETITIONER SHALL AS IN DUTY BOUND EVER PRAY.” Page 1 of 5. 4. Considering the prayer and the dispute involved this Court passed the following order on 18.12.2024:- “2. Heard learned counsel appearing for the Parties. 3. Learned counsel for the Petitioner contended that claiming extension of the benefit of pension as well as other retiral benefits so also provisional pension, Petitioner had earlier approached this Court in W.P.(C) No. 2760 of 2023. This Court vide order dtd.08.02.2023 under Annexure-7 directed for consideration of the Petitioner’s claim so made by her in her representation under Annexure-5 to the said writ petition, which is also enclosed to the present writ petition as Annexure-6. 3.1. It is contended that when the order passed in W.P.(C) No. 2760 of 2023 was not complied with, Petitioner filed a contempt petition in CONTC No. 6046 of 2023. This Court vide order dtd.27.09.2023 under Annexure-9 allowed further one month time to comply the order passed on 08.02.2023 in W.P.(C) No. 2760 of 2023. 3.2. As in spite of the order passed in CONTC No. 6046 of 2023, the order in question was not complied with, Petitioner again filed another Contempt Petition in CONTC No. 2931 of 2024. But the said Contempt Petition was dropped basing on the submission made by the learned Addl. Govt. Advocate that the order dtd.08.02.2023 has already been complied with. 3.3. It is contended that in fact the order passed in W.P.(C) No. 2760 of 2023 has not yet been complied with, save and except sanctioning the provisional pension as due and admissible. As basing on the wrong submission made by the learned AGA, the Contempt Petition was dropped vide order under Annexure-10, Petitioner seeking similar relief has again approached this Court by filing the present writ petition. Page 2 of 5. 4. Considering the submission made, this Court directs the learned
Decision
counsel for the Petitioner to serve an extra copy of the writ petition on the learned State Counsel in course of the day. 5. Learned Addl. Govt. Advocate is directed to obtain instruction with regard to the submission made in CONTC No. 2931 of 2024 that the order passed in W.P.(C) No. 2760 of 2023 has been complied with and basing on which the said Contempt Petition was dropped. 6. As requested by the learned Addl. Govt. Advocate, list this matter in the week commencing 13th January, 2025.” 5. Pursuant to order dtd.18.12.2024 and the instruction provided, this Court passed the following order on 17.01.2025:- “2. Heard learned counsel appearing for the Parties. 3. Pursuant to the order passed by this Court on 18.12.2024, learned Addl. Government Advocate for the State produced the instruction provided by the D.E.O., Ganjam-Opposite Party No.3. 4. Basing on the instruction, learned Addl. Government Advocate contended that in the earlier Writ Petition only a direction was issued to consider the representation of the Petitioner, which was made for sanction of provisional pension in favour of the Petitioner. Since the provisional pension in terms of the order was sanctioned, accordingly submission was made that the order has been complied with and the Contempt Petition was dropped. 5. It is accordingly contended that the since the order passed in the earlier Writ Petition was complied with, no fault can be found with regard to the submission made that the order has been complied with basing on which the Contempt Petition was dropped. 6. This Court after going through the representation available at Annexure-6 (Annexure-5 in the earlier Writ Petition) finds that in Page 3 of 5. the said representation, Petitioner had made a specific prayer for sanction of provisional pension as well as other pensionary benefits. Therefore, the instruction provided by the D.E.O., Ganjam vide letter dtd.09.01.2025 is not acceptable to this Court. 7. Considering the fact that Petitioner is not getting her pension and other pensionary benefits even though she has retired since 31.08.2022, this Court directs for personal appearance of Opposite Party No.3 on 20.01.2025. 8. List this matter on 20th January, 2025. Instruction provided be kept in record. A free copy of this order be handed over to Mr. C.K. Pradhan, learned AGA for compliance.” 6. Pursuant to order dtd.17.01.2025 Ms. Amita Pattnaik, D.E.O., Berhampur appeared in Person and produced a fresh instruction in Court. The same be kept in record. 7. Contrary to the stand taken in the instruction provided earlier that Petitioner has received all the pensionary benefits, the Officer concerned contended that due to non-submission of the pension papers by the Petitioner and non-regularisation of certain period of service, Petitioner has not yet got the retiral benefits and only provisional pension has been sanctioned in her favour. 8. It is however contended that all possible steps will be taken to sanction pension and pensionary benefits as due and admissible to the Petitioner within a period of two (2) months hence. 9. Considering the undertaking given by the Officer, who is present in Person in Court, this Court while disposing the writ petition, directs Opp. Party No. 3 to take all possible step for release of Page 4 of 5. pension and pensionary benefits as due to the Petitioner within the aforesaid time period, failing which suo moto contempt proceeding will be initiated against her. 10. It is further observed that all necessary work for the aforesaid purpose will be done by Opp. Party No. 3 and Petitioner will only cooperate, if asked for. 11. The writ petition accordingly stands disposed of. Personal appearance of D.E.O., Berhampur is dispensed with. Sneha (BIRAJA PRASANNA SATAPATHY) Judge Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 21-Jan-2025 18:21:03 Page 5 of 5.