ABHAYA KUMAR PARIDA v. THE CHAIRMAN-CUM-MANAGING DIRECTOR, ODISHA POWER TRANSMISSION CORPORATION LTD. (OPTCL), BBSR
WP(C)/12806/2025 · 2025-09-24
Biraja Prasanna Satapathy
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 33477 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33477 (ORI) · dailylaw.ai ]
Judgment text
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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 13237 of 2025 WP(C) Nos. 13237, 2405, 5324, 5605, 5830, 6628, 6782, 7087, 8101, 8203, 8574, 8581, 9967, 10652, 10836, 11085, 11110, 11183, 12806, 12810, 12811, 12924, 14298, 14338, 14757, 14872, 15895, 16831, 16842, 16847, 16851, 16909, 17062, 17913, 17927, 17932, 18420, 18871, 19187, 19210, 19211, 19791, 19794, 19968, 19982, 20593, 21795, 23389, 24939 & 25152 of 2025
Rabinarayan Das & Ors. ..... Petitioners Mr. A.K. Jena, Advocate -versus- The Chairman-cum-Managing Director, Odisha Power Transmission Corporation Ltd.
(OPTCL), BBSR & Anr. ..... Opposite Parties Mr. B.K. Dash, Advocate (OPTCL) Mr. L.K. Moharana, Advocate (TPCODL & TPNODL)
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER 24.09.2025
Order No. 04
1. This matter is taken up through hybrid mode.
2. Heard Mr. A.K. Jena, learned counsel appearing for the Petitioners along with other learned counsels appearing in the present batch of writ petitions on behalf of the Petitioners, Mr. B.K. Dash, learned counsel appearing for the OPTCL in a batch of writ petitions and Mr. L.K. Maharana, learned counsel appearing for TPCODL & TPNODL in another batch of writ petitions.
3. Even though all these writ petitions have been filed inter alia with the prayer that they are aggrieved by the stipulation inserted by virtue of amendment to Rule 7 of the Odisha Civil Services (Commutation
Page 2 of 2. of Pension) Amendment Rules, 2015, by which the word 12 years earlier reflected in Rule 7 was made 15 years for restoration of the commuted value of pension, but it is found that while extending the benefit of commuted value of pension vide orders issued by the Corporation as well as by TATA Power, it was clearly indicated in those orders that the original pension will be restored after 15 years.
4. In view of such stipulation contained in the order allowing commuted value of pension, it is the view of this Court that Petitioners are no way aggrieved by the amendment carried to Rule 7 of the Rules. If Petitioners are of the view that commuted value of pension is required to be restored after 12 years and not after 15 years, then order allowing such benefit of commuted pension has to be challenged.
5. Since in none of the writ petitions the order allowing commuted pension is under challenge, it is the view of this Court that the writ petition with the challenge as made is not entertainable.
6. Accordingly, the present batch of writ petitions stand disposed of by granting liberty to the Petitioners to challenge the original order passed by the Corporation and/or TPCODL/TPNODL allowing commuted value of pension in favour of the Petitioners.
7. With the aforesaid liberty, all the writ petitions stand disposed of. Interim order passed stand vacated. Photo copy of the order be placed in the connected case records.
(BIRAJA PRASANNA SATAPATHY)
Judge Sneha