Page 1 of 6. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.25613 of 2025 Gobinda Chandra Behera ..... Petitioner Represented by Adv. - Akshyangshu Sekhar Nandy -versus- State of Odisha & Ors. ..... Opposite Parties Represented by Adv. - Mr. S.Behera, A.G.A. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 13.07.2026 04. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical 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 prayer made therein. 3. The Petitioner has filed the present writ application with the following prayer: “In the aforesaid facts and circumstances, it is therefore prayed that this Hon'ble Court be graciously pleased to, (i) Admit the Application (ii) Call for the relevant records, and after hearing from all the sides, the petitioner prays for the following reliefs, (i) To issue a Writ of Mandamus or any other appropriate Writ/Writs, direction(s) / Order(s), specifically to 0pp. Party 4 and 5 to regularise the services by releasing pension, financial benefits and salary for the suspension period and dismissal period Page 2 of 6. till the date of retirement i.e. on 31.5.2022 with upto dates, as the said period has been treated as duty period, pursuant to order passed under Annexure-1&2. respectively. (ii)To direct the Opp. Party no.4 and 5 to release pension, arrear salary with financial benefits by regularising the services of the petitioner, within a stipulated period and to grant interest @18% P.A. on the said amount, till payment made. (iii) To pass any other order/orders as this Hon’ble Court deems fit and proper in the facts and circumstances of the case to give complete relief to the petitioner.” 4. Learned counsel for the Petitioner at the outset contended that the Petitioner who was working as a teacher was entangled in a criminal case for commission of alleged crime punishable under Section 498-A/ 304-B/ 34 of the I.P.C. The F.I.R. in that case was lodged on 21.04.2000. Thereafter, the Petitioner faced trial and he was found guilty by the learned Addl. District & Sessions Judge (FTC), Baripada in S.T. Case No.50/214 of 2002 and he was convicted vide judgment dated 14.05.2003. 5. Learned counsel for the Petitioner further contended that being aggrieved by the judgment of conviction dated 14.05.2003 of the learned Addl. District & Sessions Judge (FTC), the Petitioner, as appellant, filed Criminal Appeal No.137 of 2003 before this Court. A Co-ordinate Bench of this Court vide judgment dated 20.07.2023 has been pleased to set aside the impugned judgment of the learned trial court, and, accordingly the Petitioner was acquitted by the Appellate Court. 6. Learned counsel for the Petitioner further submitted that Page 3 of 6. after his acquittal by the Appellate Court in the year 2023, the Petitioner approached the Block Education Officer, Baripada for grant of his retiral dues as well as pensionary benefits with arrear salary. He further contended that in the meantime, on attaining the age of superannuation, the Petitioner has retired from government service w.e.f. 31.05.2022. Therefore, by the time the Petitioner was acquitted the Petitioner had already retired from service. Learned counsel for the Petitioner submitted that the Petitioner approached the concerned Block Education Officer for release of his arrear financial benefits/retiral dues as well as pension and pensionary benefits. He further contended that the B.E.O. vide office order dated 26.09.2023 at Annexure-1, taking note of the fact that the Petitioner’s conviction has been set aside by this Court, rescinded the order of his suspension, dated 15.10.2023, and dismissal from service, dated 25.02.2019. 7. Consequentially, an order was passed holding that the Petitioner is entitled to get the full salary during the entire period of his suspension till the date of his retirement on actual superannuation and, all service benefits, due and admissible to the Petitioner, after he was exonerated of all charges by the appellate court i.e. under Rule 91(2) of the Orissa Service Code. The writ application further reveals that after order dated 26.09.2023, the B.E.O., Baripada passed another order on 31.10.2023 at Annexure-2 wherein he has calculated the arrear dues payable to the Petitioner. Learned counsel for the Petitioner at this juncture contended that although the Petitioner’s suspension as well as dismissal from service have been revoked Page 4 of 6. and the salary due and admissible to the Petitioner has been calculated by the B.E.O., in its letter dated 31.10.2023, till date he has not been paid such financial benefits. 8. In course of his argument, learned counsel for the Petitioner also referred to the letter dated 03.04.2024 of the Controller of Account, wherein a query was raised with regard to the treatment of the period of suspension, since, nowhere the same has been directed to be treated as duty by the controlling authority and that there is no such entry in the service book. He also referred to the subsequent communication from the office of the Controller of Accounts raising several discrepancies in the matter. As a result of non-compliance of such discrepancies pointed out by the Controllers of Account, by the Opposite Parties, the disbursal of the service and financial benefit of the Petitioner has been delayed inordinately. Being aggrieved by such delay in disbursal of his service benefits, the Petitioner has approached this Court by filing the present writ application. 9. Learned counsel for the State on the other hand contended that he has received instruction from the competent authority vide letter dated 11.05.2026 i.e. B.E.O., Baripada. A copy of the instruction was filed in Court today and the same is taken on record. On perusal of the instruction of the B.E.O., Baripada to the Office of the Director Elementary Education, Odisha, it is revealed that after the Petitioner was convicted by the Fast Track Court in S.T. Case No.50/214 of 2002, the Petitioner preferred CRLA No.137 of 2003, wherein Co-ordinate Bench of this Court vide judgment dated 20.07.2023 set aside the impugned order of Page 5 of 6. conviction. After being acquitted in criminal appeal by the Co- ordinate Bench of this Court the case of the Petitioner was reviewed by the concerned B.E.O keeping in view the judgment dated 20.07.2023 passed in Criminal Appeal No.137 of 2023. Thereafter, the order of suspension as well as the dismissal from service has been rescinded and it has been clearly mentioned by the B.E.O., in his instruction, that the Petitioner is entitled to get full salary during the entire period of his suspension till the date of his retirement on attaining the age of superannuation and all service benefits as due and admissible because of his full exoneration from the criminal charges under Rule 91 (2) of the Orissa Service Code. It has also been clarified in the instruction that the Petitioner is also entitled to the increments as is due and admissible to him under the relevant ORSP Rules, till his retirement. The instruction further reveals that the Opposite Parties have already sanctioned provisional pension, gratuity and ULS vide order dated 07.11.2023 and 16.02.2024 and the same has already been paid to the Petitioner and, the Pension Sanctioning Authority has already submitted the pension papers pertaining to the Petitioner to the Controller of Accounts, Odisha, Bhubaneswar. It has also been reflected that due to certain discrepancies in the pension papers of the Petitioner, it has not been processed as per the applicable rules. Accordingly, the B.E.O., Baripada sought for instruction from the office of the Director. He further submitted that awaiting clarification from the Office of the Director no final decision has been taken with regard to payment of dues to the present Petitioner. Page 6 of 6. 10. Taking into consideration the submissions made by the learned counsel from both sides, on a careful examination of the background facts, further taking into consideration the instruction dated 11.05.2026 by the Office of the B.E.O., Baripada, a copy of which was filed in Court today, this Court deems it proper to dispose of the present writ application by directing the Opposite Party No.2- The Director, Elementary Education to provide necessary instruction as has been sought vide letter dated 11.05.2026 by the Office of the B.E.O., Baripada, as expeditiously as possible, preferably within a period six weeks from the date of communication of a copy of today’s order. It is further directed that the decision of the Director with regard to the payment of any monetary benefits to the Petitioner, including retiral dues, pensionary benefits, etc, shall be worked out and be paid in favour of the Petitioner within a period of four weeks from the date of getting instruction from the Office of the Opposite Party No.2. 11. With the aforesaid observation, the writ application stands disposed of. 12. Issue urgent certified copy of this order as per Rules. (A.K. Mohapatra) Judge Rubi