Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.31976 of 2024 Dinakrishna Panda ..... Petitioner Represented By Adv. - Prajit Kumar Pradhan -versus- 1) State Of Odisha ..... Opposite Parties 2) Director Of Mines And Geology, Bbsr 3) Joint Director, Geology, Dhenkanal Represented By Adv. – Ms.Siva Mohanty,ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 10.04.2025 Order No. 03. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as the learned Additional Standing Counsel for the State. Perused the Writ Petition as well as the documents annexed thereto. 3. The Petitioner has filed the present Writ Petition with the following prayer : “In the facts and circumstances stated above, the humble Petitioner respectfully prays that this Hon’ble Court may graciously be pleased :- i) Admit the writ application; ii) Direct the Opposite Parties to pay the differential provisional pension w.e.f. 01.04.2018 along with the interest on late payment of differential amount consequent upon fixation of pay w.e.f. 01.01.2016 as Page 2 of 4. per ORSP Rules 2017; iii) Direct the Opposite Parties to pay the unutilised leave salary for 300 days with interest and to pay the gratuity along with interest from the date of its due and commuted pension; iv) And further be pleased to direct the Opposite Parties to pay the regular pension. And/or pass any such other or further writ(s)/order(s)/direction(s) which give complete relief to the Petitioner.” 4. It is stated by the learned counsel for the Petitioner that while the Petitioner was working as Head Clerk under Opposite Party No.3, a Departmental Proceeding was initiated against him. A copy of the Charge Memo was served on 12.12.2017. While the aforesaid Departmental Proceeding was pending, the Petitioner, on attaining the age of superannuation, has retired from service on 31.03.2018. 5. Learned counsel for the Petitioner further contended that the Departmental Proceeding which was initiated against the Petitioner was finalised on 06.01.2024 by imposing penalty on the Petitioner, which the Petitioner accepted and did not challenge further. Learned counsel for the Petitioner further contended that earlier the Petitioner approached the Tribunal by filing O.A. No. 3542 of 2017 with a prayer to regularise the period of unauthorised absence from service. The said Original Application was transferred to this Court and renumbered as WPC(OAC) No.3542 of 2017. A coordinate Bench of this Court on 03.05.2023 disposed of the said Writ Petition by quashing the order under Annexure-6 to that Writ Petition with a further direction to Opposite Party no.3 to release the salary of the Page 3 of 4. Petitioner for the period from 2017 onwards till 31.03.2018. At this juncture, learned counsel for the Petitioner contended that the order passed by the coordinate Bench on 03.05.2023 has already been implemented in the meantime and the Petitioner has been paid arrear salary as directed by this Court. The sole grievance of the Petitioner in the present Writ Petition is that although no Departmental Proceeding or judicial proceeding is pending against the Petitioner and the Petitioner having retired from service with effect from 31.03.2018, the Opposite Parties have not paid the gratuity, final pension and other retiral dues as is due and admissible to the Petitioner. Although the Petitioner has approached the Director of Mines and Geology, Odisha by filing a representation on 20.03.2024 under Annexure-2, no decision has been taken on such representation. 5. Learned Additional Standing Counsel on the other hand contended that pursuant to the order passed in the earlier Writ Petition on 03.05.2023 the Petitioner has already been paid his salary as directed by the coordinate Bench and for payment of retiral and pensionary benefit the Petitioner should have approached the Opposite Parties by filing a fresh representation in that regard, which would be considered in accordance with law. 6. Having heard learned counsels for the respective parties, on a careful examination of the materials on record, further keeping in view the background facts of the present case, this Court observes that the only grievance that subsists in the present case is with regard to non-payment of retiral and pensionary benefit as is due and admissible to the Petitioner. Taking into consideration the submissions made by the learned Page 4 of 4. counsel for the Petitioner that no Departmental or Judicial Proceeding is pending against the Petitioner and in absence of any adverse order, the Opposite Parties should have calculated, sanctioned and disbursed such benefit in favour of the Petitioner. In such view of the matter, this Court deems it proper to dispose of the Writ Petition by directing the Opposite Party No.3 to consider the case of the Petitioner and in the event it is found that no Departmental Proceeding or Judicial Proceeding is pending against the Petitioner and there is no bar in law for releasing the retiral and pensionary dues in favour of the Petitioner, the period of unauthorised absence having been regularised vide order dated 03.05.2023 passed in WPC(OAC) No.3542 of 2017, the Opposite Party no.3 shall do well to take necessary steps for sanction and disbursal of the retiral as well as pensionary benefit in favour of the Petitioner as expeditiously as possible preferably within a period of six weeks from the date of communication of this order. It is further directed that if there is no legal impediment, such amount be disbursed in favour of the Petitioner as expeditiously as possible, preferably within a period of four weeks from the date of taking such decision. 7. With the aforesaid observation/direction the Writ Petition stands disposed of. 8. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge RKS Designation: AR-CUM-Senior Secretary