p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK WA No.3253 of 2024 Dr. Sarat Chandra Gountia …. Appellant Represented by Adv.- Mr. S.K. Purohit, Adv. -versus- State of Odisha & Ors. …. Respondents Represented by Adv.- Mr. S.K.Jee, AGA Mr. P.V. Balakrishna, Adv. for O.P. No.4 CORAM: JUSTICE DIXIT KRISHNA SHRIPAD JUSTICE CHITTARANJAN DASH ORDER 19.01.2026 This Intra-Court Appeal by the Appellant seeks to lay a challenge to a learned Single Judge’s order dated 25.09.2024 entered in W.P(C) (OAS) No.32 of 2018, whereby the relief has been accorded to him in the following words: “In the result, the Opposite Parties are directed to release the pension and pensionary benefits in favour of the Petitioner computing his period of service up to 10th November, 2005, in accordance with law and in terms of OCS (Pension) Rules, 1992 and release the same within a period of four months from the date of receipt of certified copy of this order.” Order No. 05. p. 2 2. Learned counsel for the Appellant urges a single point to the effect that, when there is a delayed pension, no fault being attributable to his client, the interest ought to have been awarded by the Respondents in terms of Apex Court decision in M. Padmanavn Nair v. State of Kerla, AIR 1985 SC 356. 3. Learned AGA Mr. Jee, on request, appearing for the Opposite Parties vehemently resists the Intra-Court Appeal on contending that the Appellant was unauthorizedly absent during the period between November, 2005 till November, 2015 and therefore, there laying no fault on the part of the authorities and the fault being led at the threshold of the Appellant himself, learned Single Judge is more than justified in denying the interest. So contending, he seeks dismissal of the Appeal. 4. Having heard learned counsel for the parties and having perused the appeal papers, this Court is inclined to grant a limited indulgence in the matter, inasmuch as there is a specific finding by the learned Single Judge at Paragraphs 7,8 & 9 to the large effect that there is no finding as to the culpable unauthorized absence of the Appellant and that any culpa is attributable to the authorities. If that finding is recorded, then right to interest accrues on the delayed payment of pension vide M. Padmanavn Nair supra, there being no extra ordinary circumstances for denying the same. In the above circumstances, this Appeal is allowed in part the impugned order of the learned Single Judge having been kept intact, a direction to pay interest at the rate of 12% per annum on the delayed payment of pension, as a superadded direction. It hardly needs to be stated that regular pension along with the interest component have to be settled and paid to the Appellant herein within an outer limit of three months, p. 3 failing which the same will carry Rs.100/- per day for the first month and Rs.200/- for the days next following to be paid to the Appellant and this component may be recovered from erring officials of the department personally. Costs reluctantly made easy. (Dixit Krishna Shripad) Judge (Chittaranjan Dash) Judge Prasant Designation: Personal Assistant