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2025 DAILYLAW 65844 (ORI)

TARUNKANTI KABIRAJ v. STATE OF ODISHA

WP(C)/32683/2024 · 2025-02-04

Aditya Kumar Mohapatra

Writ Petition (Civil)body2025

Judgment text

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Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.32683 of 2024 Sri Tarunkanti Kabiraj ..... Petitioner Represented By Adv. - M.pratap @ Pratap Kumar Mohapatra -versus- State Of Odisha and others ..... Opposite Parties Mr. M.R. Mohanty, AGA CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 04.02.2025 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the State-Opposite Parties. Perused the writ application as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “It is, therefore, prayed before the Hon'ble Court to allow the petition, AND (i) Further be pleased to issue writ of Mandamus or any other appropriate Writ(s) /Direction(s) / Order(s) to direct to the O.P. Page 2 of 4. No.2, Collector, Nabarangpur to give him pension, gratuity, commutation value of pension and other consequential service and pensionary benefits with interest and cost. AND, (ii) Further be pleased to pass any other writ(s) / direction(s) / order(s) as this Hon'ble Court deems fit and proper in the facts and circumstances of the case,” 4. The present writ application has been filed with a prayer for a direction to the Collector, Nabarangpur-Opposite party No.2, to sanction and disburse pension, gratuity, commutation value of pension and other consequential service benefits as well as pensionary benefits along with interest as is due and admissible to the Petitioner. Learned counsel for the Petitioner further contended that although the Petitioner has retired from service w.e.f 30.04.2023 while he was working under the Tahasildar, Umerkote, till date he has not been paid his service benefits including his pensionary benefits. Learned counsel for the Petitioner further contended that earlier the Petitioner approached the Opposite Party No.2 by filing a representation on 22.11.2023 under Annexure-6 to the writ petition. During the pendency of the aforesaid representation, the Tahasildar, Umerkote has written a letter to the ADM, Nabarangpur for forwarding the final pension papers of the Petitioner. On perusal of the letter under Annexure-8, it is revealed that the final pension papers as well as the service books have been forwarded to the Office of the ADM, Nabarangpur for taking further necessary action with regard to payment of pensionary as well as other service benefits as is due and admissible to the Petitioner. Learned counsel for the Page 3 of 4. Petitioner further submitted that since no steps have been taken by the Opposite Parties for sanction and disbursal of the aforesaid service benefits, the Petitioner, being aggrieved by such inaction on the part of the Opposite Parties, has approached this Court by filing the present writ application. 5. Learned Additional Government Advocate on the other hand contended that from perusal of the documents annexed to the writ application, it appears that the final pension papers as well as the service books were forwarded to the Office of the ADM, Nabarangpur by the Tahasildar, Umerkote vide his letter dated 13.06.2024. He further contended that in the event the same has not been processed as of yet, then he shall have no objection if this Court directs the Opposite Party No.2 to consider the grievance of the Petitioner within a stipulated period of time and in accordance with law and the applicable rules. 6. Taking into consideration the submissions made by the learned counsels appearing for the respective parties, on a careful examination of the materials on record, further keeping in view the limited nature of the grievance involved in the present writ application, this Court deems it proper to dispose of the writ petition at the stage of admission by directing the Opposite Party No.2 to consider the grievance of the Petitioner by keeping in view the letter under Annexure-8 dated 13.06.2024. It is further directed that the grievance of the Petitioner shall be redressed by passing a speaking and reasoned order within a period of eight weeks from the date of communication of a copy of today’s order by the Petitioner. In the event it is found that there are no legal impediments to the same, then the Service as well as the pensionary benefits as is due and Page 4 of 4. admissible to the Petitioner shall be sanctioned and disbursed to the Petitioner within a period of two weeks from the date of taking such decision. Any decision so taken by the Opposite Parties be communicated to the Petitioner within two weeks from the date of taking such decision. 7. With the aforesaid observations/directions, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. ( Aditya Kumar Mohapatra ) Judge S.K. Rout