Extracted from the PDF above. The PDF is authoritative.
Page 1 of 3.
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.30641 of 2025
Kirttan Bihari Sahoo ..... Petitioner
Represented by Adv. - Kunal Kumar Swain, J.R. Khuntia -versus-
State Of Odisha & Ors. ..... Opposite Parties
Represented by Adv. – D.K. Sahu, A.G.A.
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 12.02.2026
Order No.
02.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned counsel for the State. Perused the writ application as well as the documents annexed thereto.
3. The present writ petition has been filed by the Petitioner with the following prayers:-
“It is therefore prayed that; your Lordships shall be graciously pleased enough to admit the writ petition and after hearing the parties issue a writ of mandamus directing the Opp. Parties to sanction and release the pension and pensionary benefits to the petitioner with effect from his date of retirement, i.e., 31.08.2025, in accordance with the provisions of the Odisha Aided Educational Institutions’ Employees Retirement Benefit
Page 2 of 3. Rules, 1981 keeping in view of the ratio decided by this Hon'ble Court in case of Sarat Chandra Parida Vrs. State of Odisha, reported in 2015(II) ILR-CUT-94, as affirmed by the Hon’ble Apex Court in SLP (C) CC NO (s). 761 of 2016 disposed of on 19.01.2016 (State of Odisha and Others Vrs Sri Sarat Chandra Parida) and also the
judgment rendered by this Hon’ble Court in Hemant Kumar Chhotaray Vrs State of Odisha & Others (W.P(C) No.17067 of 2023 and batch of cases, disposed of on 12.01.2024), within a time frame to be stipulated by this Hon'ble Court.
Issue any direction/directions, order/ orders, writ/writs which would be deemed fit and proper in the
facts and circumstances of the case.”
4. It is stated by learned counsel for the Petitioner that the case of the Petitioner is squarely covered by the judgment of this Court in W.P.(C) No.17067 of 2023 decided on 12.01.2024.
5. Learned Additional Government Advocate on the other hand contended that he has not examined the aforesaid aspect of the matter.
6. Taking into consideration the submissions made by learned counsels appearing for the parties, this Court disposes of the writ application by granting liberty to the petitioner to approach the Opposite Party No.1 by filing a detailed representation within two weeks from today along with a copy of today’s order. In such eventuality, the Opposite Party No.1 shall do well to consider the representation of the Petitioner in accordance with law and dispose of the same within eight weeks from the date of communication of a copy of today’s order. While considering the representation of the Petitioner, the Opposite Party No.1 shall examine as to whether the case of the Petitioner is covered by the abovenoted judgment and, in the event the answer is affirmative, then consequential orders be
Page 3 of 3. passed by the Opposite Party No.1.
7. With the aforesaid observations/ directions, the Writ Petition stands disposed of.
( A.K. Mohapatra )
Judge
Anil
Designation: Junior Stenographer