IN THE HIGH COURT OF ORISSA AT CUTTACK , W.A. No.3182 of 2024 State of Odisha & another …. Appellants Mr. S.K. Jee, AGA -versus- Gourahari Mohanty & another …. Respondents Mr. S.B. Mohanty, Advocate (For Respondent No.1) CORAM: JUSTICE KRISHNA SHRIPAD DIXIT JUSTICE CHITTARANJAN DASH Order No. ORDER 07.04.2026 03. The State is in Intra-Court Appeal for laying a challenge to a learned Single Judge’s order dated 29.02.2024, whereby following the Apex Court decision in State of Punjab v. Rafiq Masih (Whitewasher), AIR 2015 SC 696 & Union of India & Ors. Vs. Md. Ahmed Baig (W.P.(C) No. 9987 of 2021), Respondent-employee’s W.P.(C) No.13599 of 2018 having been favoured, the following order has been passed: “6.2. This Court after going through the order impugned and the materials available on record, is of the view that since Petitioner was released with the amount way back in the year 2012 and Petitioner is a retired employee, no recovery can be effected from the Petitioner in view of the decision of the Hon’ble Apex Court in the case of Rafiq Masih so followed by this Court in the case of Union of India & Ors. Vs. Md. Ahmed Baig (W.P.(C) No. 9987 of 2021). In view of the same, this Court is inclined to quash the order dt.13.04.2018 so passed by Opp. Party No. 2 under Annexure-12. While quashing the same, this Court directs opp. Party Nos. 2 & 3 to take effective step for release of the amount of Rs. 98, 533/- along with the accrued interest thereon within a period of six (6) weeks from the date of receipt of this order.” After service of notice, the Respondent-employee has entered appearance through his counsel. 2. Both the sides having argued the matter for some time very graciously, agree with a suggestion of this Court that in view of the amendment to the 1977 leave Rules applicable to aided Educational Institutions, the encashment of earned leave is enhanced to 300 days which was earlier 250 and therefore, the Respondent-employee should make an appropriate representation to jurisdictional authority for granting the same benefit so that the encashment value can be taken into account while deciding the amount to be recovered or not. In that connection, all contentions are to be kept open. 3. In the above circumstances, this Writ Appeal is accordingly disposed off. The claim of the Respondent-employee shall be considered within an outer limit of six (06) weeks from the date he makes the same. All contentions in that regard are kept open. Web copy of this order to be acted upon by all concerned. (Krishna Shripad Dixit) Judge (Chittaranjan Dash) Judge Bijay/Sarbani Designation: Junior Stenographer