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2025 DAILYLAW 47357 (ORI)

HEMANTA KUMAR SWAIN v. STATE OF ODISHA

WP(C)/20521/2025 · 2025-09-02

Biraja Prasanna Satapathy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P. (C ) No.20521 of 2025 Hemanta Kumar Swain …. Petitioner Mr. A.C. Panda, Adv. -versus- State of Odisha & Others …. Opp. Parties Mr. A. Tripathy, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 02.09.2025 2. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel appearing for the parties. 3. The present Writ Petition has been filed inter alia with the following prayer: It is therefore prayed that considering the aforesaid facts & circumstances appropriate writ/s may be issued directing the Opp. Parties to disburse the retirement benefits (pension, gratuity, unutilized leave salary and other permissible dues) of this Petitioner within a stipulated period. And such other relief/reliefs to which the Petitioner may found entitled to be granted in his favour. And for this act of kindness the Petitioner shall ever pray. 4. It is contended that Petitioner while serving in the establishment of Director, Regional Spinal Injury Centre, SCB Medical College & Hospital, Cuttack retired from service on attaining the age of superannuation on 28.02.2025. But thereafter, Petitioner is not being extended with the benefit of Seventh Pay Commission and pension and other pensionary benefits. 5. Mr. A. Tripathy, learned Addl. Govt. Advocate on the other hand contended that since Petitioner was continuing under the Regional Spinal Injury Centre, SCB Medical College & Hospital, Cuttack which is a society under the Societies Act, there is no such provision to sanction pension in favour of those employees. It is further contended that the matter is under active consideration before Opp. party No.2 and unless and until a decision is taken by making the Petitioner entitled to get the benefit of pension, such benefit cannot be extended. 6. Having heard learned counsel for the parties and considering the submission made, this Court while disposing the Writ Petition permits the Petitioner to move Opp. Party No.2 for consideration of his grievance. 6.1. It is observed that if any such application will be moved before Opp party No.2 within a period of two (2) weeks hence, Opp. Party No.2 shall do well to consider and dispose of the same in accordance with law within a period of four (4) months from the date of receipt of such application, with due communication to the Petitioner. 7. With the aforesaid observation and direction, the Writ Petition stands disposed of. (Biraja Prasanna Satapathy) sangita Judge