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2025 DAILYLAW 206 (ORI)

JERMOE KERKETTA v. STATE OF ODISHA

WP(C)/34528/2025 · 2026-02-03

Biraja Prasanna Satapathy

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.34528 of 2025 Jermoe Kerketta …. Petitioner Mr. L. Pradhan, Advocate -versus- State of Odisha & Ors. …. Opposite Parties Mr. S. P. Das, ASC Mr. S. Das, SC. for Vigilance Deptt. CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 03.02.2026 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel appearing for the Parties. 3. Pursuant to order dtd.05.01.2026, Mr. S. Das, learned Standing Counsel appearing for the Vigilance fairly contended in the VGR Case No. 24 of 2021 arising out of Sambalpur Vigilance P.S. Case No. 36 of 2021, no charge sheet has been filed as yet as the investigation is under progress. 4. Heard Mr. L. Pradhan, learned counsel appearing for the Petitioner, Mr. C.K. Pradhan, learned Addl. Govt. Advocate appearing for the State and Mr. S. Das, learned Standing Counsel appearing for the Vigilance. 5. The present writ petition has been filed inter alia with the following prayer:- p. 2 p. 2 “It is, therefore, prayed that your Lordship would be graciously pleased to issue a Rule Nisi in the nature of Mandamus calling upon the Opp. Parties to show-cause as to why the petitioner will not be paid his Gratuity amount, final Pension and pensionary benefits in spite of pendency of the VGR Case No- 24 of 2021 in the Court of the Special Judge, Vigilance, Bhubaneswar wherein no charge sheet has been filed till date. If the Opposite Parties will fail to show cause or show insufficient or false cause made the said Rule Nisi absolute and allow the writ petition. And for this act of your kindness, the petitioners as in duty bound shall ever pray.” 6. It is contended that because of pendency of the VGR Case No. 24 of 2021 in the file of learned Special Judge, Vigilance, Bhubaneswar, the authorities are not releasing the pension and pensionary benefits of the Petitioner even though he has retired since 30.09.2022. 7. Considering the submission made by the learned Standing Counsel, Vigilance that no charge sheet has yet been filed in the aforesaid vigilance case. Placing reliance on the decision of this Court passed on 08.11.2024 in W.P.(C) No. 30151 of 2020 (Bijaya Krishna Panigrahi Vs. State of Odisha & Ors.), this Court while disposing the writ petition, directs Opp. Party No. 4 to take appropriate step for release of the pension and pensionary benefits in favour of the Petitioner within a period of six (6) weeks from the receipt of this order. However, such release of the pension and pensionary benefits shall be subject to final outcome of the vigilance proceeding. p. 3 p. 3 8. The writ petition accordingly stands disposed of. (Biraja Prasanna Satapathy) Judge Subrat