The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.42965 of 2023 Bidyabhusan Shasani …. Petitioner Mr. P.K.Mahapatra,Advocate -versus- State of Odisha & others ….
Legal Reasoning
Opposite Parties Mr. N.Pratap, A.S.C. Mr.S.K.Patra, appearing for A.G. CORAM: JUSTICE A.K. MOHAPATRA
Decision
ORDER 08.01.2024 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel so also Mr. S.K.Patra, learned counsel appearing on behalf of Principal Accountant General (A&E). Perused the Writ Petition as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “In view of the aforesaid facts and circumstances as narrated above it is prayed that this Hon’ble Court be graciously be pleased to admit the Writ Petition and issue Rule Nisi or any other appropriate Writs against the Opp. parties calling upon the opposite parties to show cause as to why they shall not be directed to revise the pension of the petitioner at the rate of Rs.11,230/- from the date of his retirement so also revise the other retirement benefits accordingly and pay him the consequential benefits; And And, if the Opp. Parties failed to show cause or show // 2 // insufficient cause, make the said Rule absolute by directing the Opp. Parties to revise the pension of the petitioner at the rate of Rs.11,230/- from the date of his retirement so also revise the other retirement benefits accordingly and pay him the consequential benefits. And/or issue any other appropriate Writ/Writs, order/orders, direction/directions as deem fit and proper in the fitness of the case.” 4. Learned counsel for the petitioner submitted that being aggrieved by the inaction of State-Opposite Parties in not revising the pensionary benefit as well as retirement benefit of the petitioner, the petitioner has earlier approached the Tribunal by filing O.A. No.2633 of 2013 which was disposed of by the learned O.A.T. vide order dated 29.04.2015 with a direction to the State Opposite parties to consider the case of the petitioner. However, after disposal of the aforesaid O.A. no steps were taken by the State Opposite parties and no final decision was taken as per the direction of the Tribunal. Upon such non-implementation of the order of the Tribunal the petitioner approached this Court earlier by filling CONTC (CP) No.631 of 2015. Such contempt application was disposed of vide order dated 10.12.2021 by granting liberty to the petitioner to approach the appropriate forum after disposal of the writ petition bearing W.P.(C) No.8169 of 2015. The aforesaid writ petition was filed by the State Opposite Parties by challenging the order passed by the Tribunal in O.A. No.755 of 2011. Learned counsel for the petitioner further contended that W.P(C) No.8169 of 2015 filed by the State Opposite Parties was dismissed by a Division Bench of this Court vide order dated 01.08.2022. As a result of which the order passed by the Tribunal has attained finality. Therefore, the State Opposite Party is bound to implement the order passed by the learned O.A.T. Learned counsel for the petitioner further contended that the petitioner has already approached the Opposite Party No.1 by filing a // 3 // representation on 24.07.2023 under Annexure-6 to the writ application. He further contended that the Office of the Accountant General (A&E), Odisha vide letter dated 19th January, 2023, communicated to the Special Secretary to Government Finance Department under Annexure-7 to the writ application. On perusal of the letter under Annexure-7, it is revealed that the office of the Principal Accountant General has requested the PSA to intimate the petitioner to apply in ARPAN Portal (the official website of Govt. of Odisha) for the revision of pension w.e.f. 01.01.2016 and for authorization of his revised pension. In reply to the aforesaid letter under Annexure-7 the learned counsel for the petitioner submitted that the petitioner is entitled to the revised pension w.e.f. 01.01.2006 and not from 01.01.2016 as has been requested by the Office of the Principal Accountant General. He further contended that the letter under Annexure-7 reveals that the petitioner is entitled to full pension w.e.f. 01.01.2006 taking into consideration the fact that the petitioner has completed 28 years 04 months of 20 days service. Being aggrieved by the inaction the opposite parties the petitioner has approached this Court by filing the present writ application for a direction to the opposite parties to revise on the pensionary benefits as is due and admissible to the petitioner as per law. 5. Learned Additional Standing counsel on the other hand submitted that on a careful scrutiny of the documents annexed to the writ application it appears that the matter is pending before the Government for taking a final decision in the matter. In such view of the matter, learned Additional Standing Counsel submitted that in the event the representation of the petitioner under Anexure-6, dated 24.07.2023, is still pending before Opposite party No.1 for taking a final decision, then he will have no objection if this Court directs the Opposite Party No.1 to take a final decision in accordance with law // 4 // within a stipulated period of time. 6. Considering the aforesaid submissions made by learned counsels appearing for the respective parties, and on a careful examination of the background facts, 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 under Annexure-6 to the writ application, keeping in view the letter under Annexure-7, and pass a final order as per law in accordance with law within a period of two months from the date of communication of certified copy of this order. The final decision so taken be communicated to the petitioner within ten days from the date of taking such decision. 7. With the aforesaid observation, the writ application stands disposed of. 8. Issue urgent certified copy of this order as per Rules. Rubi ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa Date: 09-Jan-2024 18:32:59