The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.32168 of 2024 Gouranga Charan Mohanty ..... Petitioner Represented By Adv. - Pramoda Kumar Dash -versus- State Of Odisha and others ..... Opposite Parties Mr. S. Jena, ASC
Legal Reasoning
CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Decision
ORDER 13.02.2025 Order No. 03. 1. 2. This matter is taken up through Hybrid mode. Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties. Perused the writ application as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “It is therefore, prayed that your Lordships’ be graciously pleased to admit the writ petition, issue rule nisi in the nature of writ of mandamus or in any other appropriate nature of writ (s) as deem fit and proper calling upon the Opp. Parties to show cause as to why the prayer made hereunder shall not be allowed, and if no/insufficient cause is shown, the said rule be made absolute by issuing writ(s) in the nature of: The Opp. Parties, more particularly the O.P. No.1 & 4 be directed to draw & disburse the final pension, pensionary benefits, arrear dues of Page 1 of 5. 7th pay fixation of his provisional pension and DCRG amount of Rs. 10, 82, 796/- within a stipulated period of time. AND, Further be pleased to direct the Opp. Parties to draw & disburse the interest @ 18% per annum on the delayed part of such payment from the date of entitlement of the dues till the date of payment to the retired employee as per the settled principle of law as decided by the Hon;ble Courts of law as well as rules/executive instructions/circulars/orders at an early date in the interest of justice. the delayed payment over AND, Further be pleased to direct the Opp. Parties to draw and disburse the interest @ 18% per annum on the unutilized leave salary of Rs. 6, 62,550/- till 17.03.2023 for a period of 05 years 05 months 17 days, over the arrear of revised provisional pension of Rs.2, 32,383/- till 18.03.2023 for a period of 05 years 05 months 18 days and over the unpaid arrear dues of the revised provisional pension from 01.10.2017 to 30.09.2022 till the date of payment in the interest of justice within a stipulated period of time. AND, Further be pleased to pass such other writ (s)/order (s) as may deem just and proper,” 4. The present writ petition has been filed with a prayer for a direction to the Opposite Party Nos.1 & 4 to disburse the final pension, pensionary benefits and arrear dues of 7th Pay fixation of the provisional pension of the Petitioner as well as the DCRG dues to the tune of Rs.10,82,796/- in favour of the Petitioner within a stipulated Page 2 of 5. period of time. The Petitioner has also prayed for payment of interest for the delayed disbursement of the outstanding dues as is due and admissible to the present Petitioner. A further prayer has also been made for the payment of unutilized leave salary to the tune of Rs.6,62,550/- along with interest thereon for the belated payment. 5. Learned counsel for the Petitioner at the outset contended that on 31.03.1982, the Petitioner entered into the government service. Thereafter, the Petitioner, on attaining the age of superannuation w.e.f. 30.09.2017, has retired from government service from the post of WEO from the Office of the BDO, Telkoi, Keonjhar. After his retirement, the Petitioner applied for grant of pensionary benefits. The Opposite Parties vide order dated 18.10.2017, sanctioned and disbursed the provisional pension as is due and admissible to the Petitioner. With effect from 18.10.2020, the Petitioner is being paid the revised provisional pension. Similarly on 17.03.2023, the Petitioner has been paid the unutilized leave salary. On 18.03.2023, the Petitioner received the arrear dues towards revised provisional pension. Since the Petitioner has not yet received the final pension and, the provisional pension as well as the revised arrear dues was paid at the belated stage, the Petitioner has claimed the final pensionary benefits as well as interest on the dues which are paid to him belatedly at the rate of 18% per annum. Since, no action was taken by the Opposite Parties, the Petitioner was compelled to submit a representation, on 14.10.2024 under Annexure-7 to the writ petition, before the concerned authorities. 6. Learned counsel for the petitioner further contended that the representation of the Petitioner dated 14.10.2024 under Annexure-7 was duly forwarded to the Collector, Keonjhar with a request to Page 3 of 5. submit the pension papers of the present Petitioner. He further contended that despite several reminders by the government to different authorities, the pension papers of the Petitioner were not submitted before the Opposite Party No.1. Therefore, the Petitioner has not been paid the pensionary benefits as is due and admissible to him. Being aggrieved by such conduct of the Opposite Parties, the Petitioner has approached this Court by filing the present writ petition. 7. Learned counsel for the State on the other hand contended that since the pension papers were not placed before the competent authority, the Petitioner has not been paid the final pensionary benefits as is due and admissible to him. In such view of the matter, learned counsel for the State further contended that no fault can be assigned to the Office of the Opposite Party No.1. He further contended that the Petitioner should have ensured that the pension papers reach the Office of Opposite Party No.1 in time as such the delay, if any, disbursing the final pension amount cannot be attributed to the Opposite Party No.1. Learned counsel for the State further contended that taking into consideration the nature of the dispute, the Petitioner be directed to approached the competent authority with a further direction to the Opposite parties to provide the relevant papers for processing of the claim of the Petitioner for sanction and disbursal of the final pensionary amount and that he will have no objection to such a direction. 8. Having heard the learned counsels appearing for the respective parties, on a careful analysis of the submissions made, further keeping in view the factual background of the present case, this Court is of the view that the grant of pensionary benefits is not a charity. Page 4 of 5. Therefore, the same comes within the fundamental rights of the present Petitioner. Denial of such a right is a definite encroachment upon the right of the Petitioner as enshrined under Article 21 of the Constitution of India. Keeping in view the aforesaid legal position, this Court deems it proper to dispose of the present writ application with a direction to the Opposite Parties to take immediate steps for calculation, sanction and disbursal of the final pension amount along with interest, if any, for the belated payment, in favour of the Petitioner within a period of eight weeks from the date of communication of a certified copy of today’s order. Further, it is directed that on production of a certified copy before the Opposite Parties, the Opposite Parties shall forward the relevant papers including the NDC, if any, to the Opposite Party No.1 within a period of four weeks from the date of production of a certified copy. The Opposite Party No.1 shall do well to take a final decision and sanction and disburse the pensionary benefits as has been directed hereinabove. It is further made clear that in the event, it is found that the final pensionary benefits have not been disbursed within the time stipulated in the rules, then Opposite Parties shall do well to grant interest as is permissible under the rules and the law applicable. 9. With the aforesaid observations/directions, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. ( Aditya Kumar Mohapatra ) Judge S.K. Rout Signature Not Verified Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Feb-2025 09:53:10 Page 5 of 5.