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2025 DAILYLAW 7142 (ORI)

KANHU CHARAN DAS v. SIDDHARTH SANKAR SWAIN, IAS

CONTC/2584/2025 · 2026-08-21

Chittaranjan Dash

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC No.2584 of 2025 CNR No.ODHC010398382025 Kanhu Charan Das …. Petitioner Mr. R. Mohanty, Advocate -versus- Siddharth Sankar Swain, I.A.S. Collector and D.M., Puri …. Opp. Party Mr. S. Das, AGA CORAM: THE HON’BLE MR. JUSTICE CHITTARANJAN DASH Order No. ORDER 21.08.2026 02. 1. Heard learned counsel for the Parties. 2. Pursuant to the order dated 29.07.2026, the learned Additional Government Advocate submits that a compliance affidavit has already been filed before this Court on 19.08.2026, disclosing the fact that the Block Development Puri, Sadar Block, Puri, was asked to submit the revised pension papers after due compliance by following the instructions of the Government in P.R. & D.W. dated 05.02.2026. The Block Development Officer, Puri, Sadar submitted the revised pension papers vide his letter no.3238/Estt., dated 17.08.2026 to the Accountant General (A & E), Odisha, vide office letter dated 19.08.2026, and the same was communicated to the Petitioner vide Memo No.1250/GP dated 19.08.2026. In view of the above, the direction of this Court passed on 20.12.2024 has been complied, though belatedly. 3. Learned counsel for the Contemnor submits that, pursuant to the order passed by this Court, though the authority has complied p. 2 with the said order, the same has not been done in accordance with law. Instead of fixing the pension on the basis of the last pay drawn, the authority has deviated from the same and has also directed recovery of the excess payment made to the Petitioner. Such recovery, admittedly, gives rise to a different cause of action, which the Petitioner may pursue in accordance with law. 4. In view of the above, the CONTC stands dropped. (Chittaranjan Dash) Judge Sarbani Designation: Junior Stenographer