Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.9189 of 2026 Santosh Kumar Pani ..... Petitioner
Represented by Adv. - Satyajit Samal -versus- State Of Orissa and others ..... Opposite Parties
Mr. S.K. Parhi, ASC
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 25.03.2026
Order No.
01.
1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner as well as learned counsel 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 that, your Lordships shall be graciously pleased enough to admit the writ petition and after hearing the parties issue a writ of mandamus directing the Opposite Parties more particularly to the Opposite Party No. 3 to sanction and release the pension and pensionary benefits to the petitioner w. e. f. 01.01.2026 in terms of Rule 3 of the Orissa Aided Educational Institutions Employees Retirement Benefit Rules, 1981 keeping in view of the ratio decided by this Hon'ble Court in case of Sarat Chandra Parida -Vrs- State of
Page 2 of 3. Odisha, reported in 2015 (II) ILR-CUT-94 and Hemanta Kumar Chhotaray -Vrs- State of Orissa and Others with batch of Writ petitions vide Judgement dated. 12.1.2024 passed in W. P. (C) No. 17067 of 2023 within a reasonable time to be stipulated by this Hon'ble Court And pass such other or further order or orders as the Hon'ble Court may deem fit and proper to the facts arid circumstances of the case;”
4.
Learned counsel for the Petitioner, at the outset, contended that the case of the Petitioner is squarely covered by the judgment of this Court dated 12.01.2024 passed in W.P.(C) No.17067 of 2023 in the matter of Hemanta Kumar Chhotaray vs. State of Orissa & Ors. In such view of the matter, learned counsel for the Petitioner contended that inaction of the Opposite Parties in extending similar benefits in favour of the petitioner is highly illegal and that necessary direction to be given to the Opposite Parties to consider the case of the Petitioner in terms of the ratio laid down by this Court in Hemanta Kumar Chhotaray’s case (supra).
5.
Learned counsel for the State, on the other hand, submitted that the Petitioner has approached this Court without approaching the Opposite Parties for redressal of his grievance. In such view of the matter, learned counsel for the State contended that in the event this Court directs the Opposite Parties to consider the representation of the Petitioner, provided the Petitioner files a representation for redressal of his grievance, within a stipulated period of time and strictly in accordance with law, he will have no objection to the same.
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6. Having heard the learned counsels appearing for the respective parties, on a careful examination of the background facts, further taking into consideration limited nature of the grievance and the fact that the Petitioner has not approached the Opposite Parties before approaching this Court, this Court deems it proper to dispose of the writ petition at the stage of admission by granting liberty to the Petitioner to approach the Opposite Party No.1 by filing a detailed representation taking therein all the grounds along with supporting documents and copies of the judgments relied upon by the Petitioner in support of his claim within three weeks from today. In such eventuality, the Opposite Party No.1 shall do well to consider the representation of the Petitioner in accordance with law and by applying ratio laid down by this Court in the judgment dated 12.01.2024 as has been referred to hereinabove and dispose of the representation of the Petitioner by passing a speaking and reasoned
order within eight weeks from the date of communication of a copy of today’s order. The final decision so taken be communicated to the Petitioner within ten days thereafter.
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