Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.33507 of 2025
Manjulata Singh …. Petitioner Mr. S. Patra-1, Advocate
-versus- State of Odisha and Others
….
Opposite Parties Mr. C.K. Pradhan, AGA
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
Order No.
ORDER 02.02.2026
03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel for the parties.
3. Pursuant to order dated 02.12.2025, learned Addl. Govt. Advocate produced the instruction so issued by the Department vide letter dated 05.01.2026 with service of copy on the learned counsel for the petitioner in Court. The same be kept in record.
4. Basing on the instruction, learned Addl. Govt. Advocate contended that since during her service career petitioner was absent from Govt. service for 11 years 10 months and 23 days, regularization of the p. 2p. 2 said break period of service, has not yet been completed as it requires Inter Departmental Consultation.
4.1. It is accordingly contended that after regularization of such break period of service, appropriate steps will be taken to release the pensionary benefits of the petitioner as due and admissible.
5.
Learned counsel for the petitioner on the other hand contended that petitioner retired from service on attaining the age of superannuation on 31.05.2023, but prior to her retirement, both the proceedings initiated against the petitioner, were dropped vide order dated 11.04.2023 and 12.05.2023 under Annexure-5 and 6.
5.1. It is also contended that in the order issued under Annexure-5 and 6, period of suspension was treated as leave, due and admissible. It is accordingly contended that on the face of the order passed under Annexure-5 and 6, the break period of service should have been regularized. Though in the meanwhile, around 3 (three) years are going to pass, but due to non-regularization of the break period of service, petitioner is deprived from getting her retiral benefits.
6. Having heard learned counsel for the parties, considering the submissions made and the instruction p. 3p. 3 so provided, this Court while disposing the Writ Petition, directs Opp. Party No.1 to take appropriate steps for regularization of the break period of service of the petitioner so indicated in instruction dated 05.01.2026 as expeditiously as possible preferably within a period of 2 (two) months hence. On such regularization of the break period of service, steps be taken to release the pension and other pensionary benefits as due and admissible within a further period of 2 (two) months by Opp. Party No.1.
7. The Writ Petition stands disposed of with the aforesaid direction.
(Biraja Prasanna Satapathy)
Judge Basudev