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2026 DAILYLAW 10105 (ORI)

BIRANCHI NARAYAN SAMAL v. STATE OF ODISHA

WP(C)/4267/2026 · 2026-02-10

Aditya Kumar Mohapatra

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.4267 of 2026 Biranchi Narayan Samal ..... Petitioner Represented by Adv. - Tushar Kanta Nayak -versus- State Of Odisha and others ..... Opposite Parties Represented by Adv. – Smt. S. Nayak, ASC CORAM: MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 10.02.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel appearing for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto. 3. The present writ petition has been filed by the Petitioner with the following prayers:- “Under the above circumstance, it is therefore humbly prayed that this Hon'ble Court may be graciously pleased to issue a writ in the nature of writ of mandamus or any other appropriate writ, direction or order by directing the opposite parties to sanction and release pension and pensionary benefits in favour of the petitioner on his retirement w.e.f. 30.10.2024 taking into judgment rendered dtd. 12.01.2024 in the case of Hemanta Kumar Chhotaray and batch of cases -vrs -State of Odisha and others in W.P.(C) No. 17067 of 2023; within a stipulated Page 2 of 2. date as per the Orissa Aided Educational Institution employees Retirement Benefit Rules. And/ or pass such other order or direction as deems fit and proper in the interest of justice; And for this act of kindness, as in duty bound, the petitioner shall ever pray..” 4. The subject matter of this petition is substantially similar to the one in Hemanta Kumar Chhotray v. State of Orissa and others, 2024 (1) OLR 709 and therefore, counsel for the Petitioner submits that the benefit given to litigants in the subject case should be extended his client as well. 5. Learned Additional Govt. Advocate appearing for the State- Opposite Parties submits that the said matter is subjudice in Writ Appeal No.197 of 2024. However, on being asked, he tells that there is no interim order staying the judgment of the learned Single Judge. This Court in a number of similar matters has already ordered extension of the said benefits subject to outcome of the Writ Appeal and therefore, the same course needs to be adopted here also, if there are no other legal impediments. 6. Ordered accordingly, without expressing any opinion on the merits of the matter, the writ petition is disposed of subject to outcome of the writ appeal mentioned above. Compliance within eight(8) weeks. Web copy of order to be acted upon by all concerned. ( A.K. Mohapatra) Judge Sisir Designation: Personal Assistant