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2025 DAILYLAW 6008 (ORI)

SANTOSH KUMAR SAHOO v. STATE OF ODISHA

WP(C)/33963/2025 · 2026-05-04

Biraja Prasanna Satapathy

Writ Petition (Civil)body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 33963 of 2025 Santosh Kumar Sahoo ..... Petitioner Mr. S. Roy, Adv. -versus- State of Odisha & Ors. ..... Opposite Parties Mr. A. Tripathy, AGA CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 04.05.2026 Order No. 04 1. This matter is taken up through hybrid mode. 2. Heard learned counsel for the Parties. 3. Pursuant to order dated 29.11.2025, learned Addl. Govt. Advocate produced the instruction provided by the BDO, Telkoi, Opp. Party No.4 so issued vide letter dated 02.05.2026 with service of copy on the learned counsel appearing for the Petitioner in Court. The same be kept in record. 4. Learned counsel appearing for the Petitioner contended that even though Petitioner has retired since June, 2023 but his pensionary benefits save and except provisional pension has not yet been sanctioned. It is accordingly contended that appropriate direction be issued to Opp. Party No.4 to take appropriate step for release of the retiral benefits in favour of the Petitioner as due and admissible within a stipulated time period. Page 2 of 2. 5. Learned counsel appearing for the State on the other hand basing on the instruction contended that since certain period of service has not yet been regularised and original service book of the Petitioner is not available, unless and until such break period of service is regularised, Opp. Party No.4 is not in a position to sanction the pensionary benefits as due and admissible. 6. Having heard learned counsel for the Parties, considering the submission made, the instruction so provided, this Court taking into account the fact that Petitioner has retired since 30.06.2023 and is not getting his retiral benefits, while disposing of the Writ Petition directs Opp. Party No.2 and 4 to take all possible steps for regularization of the break period of service so reflected in letter dated 22.04.2026 of BDO, Telkoi enclosed to the instruction and release the retiral benefits as due and admissible in accordance with law as expeditiously as possible preferably within a period of three (3) months from the date of receipt of this order. 7. It is observed that if Petitioner will not be released with the pension and other retiral benefits as due and admissible, within the aforesaid time period, he will be entitled to get interest @ 7% per annum all through. 8. Accordingly, the Writ Petition stands disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Jyoti