Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 9163 of 2026
Prabhakar Muduli ..... Petitioner Mr. M. Pratap, Advocate -versus- State of Odisha & Ors. ..... Opposite Parties Mr. S.P. Das, ASC
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER 08.04.2026
Order No. 02
1. This matter is taken up through hybrid mode.
2. Heard Mr. M. Pratap, learned counsel appearing for the Petitioner and Mr. S.P. Das, learned Addl. Standing Counsel appearing for the Opp. Parties.
3. Even though the present writ petition has been filed with multiple prayers, but in course of hearing learned counsel appearing for the Petitioner confines his prayer so far as release of unutilized leave salary is concerned.
4. It is contended that because of the pendency of the proceeding against the Petitioner vide memorandum dtd.24.04.2016 under Annexure-3, Petitioner after his retirement on 31.05.2024 is not getting the unutilized leave salary. It is further contended that the issue has already settled by this Court vide judgment dtd.13.03.2026 in W.P.(C) No. 31060 of 2025 & batch (Kalpataru Sethi vs. State of Odisha & Ors.). Relying on the said judgment, it is contended that
Page 2 of 2. Petitioner is eligible and entitled to get the benefit of unutilized leave salary even on the face of the pendency of the disciplinary proceeding. Accordingly, it is contended that Opp. Party No. 3 be
directed to pay the unutilized leave salary as due and admissible in favour of the Petitioner within the stipulated time period.
5. Learned Addl. Standing Counsel does not dispute the decision rendered by this Court on 13.03.2026 in W.P.(C) No. 31060 of 2025 & batch.
6. Having heard learned counsel appearing for the Parties, considering the submission made and the decision in the case of Kalpataru Sethi so cited (supra), this Court is of the view that Petitioner is eligible and entitled to get the benefit of unutilized leave salary. Therefore, while disposing the writ petition, this Court directs Opp. Party No. 3 to release the unutilized leave salary as due and admissible in favour of the Petitioner within a period of six (6) weeks from the date of receipt of this order.
7. The writ petition accordingly stands disposed of.
(BIRAJA PRASANNA SATAPATHY)
Judge Sneha