Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.4697 of 2026 Dr. Rabinarayan Tripathy ..... Petitioner Represented by Adv. - Sharmistha Samal -versus- State Of Odisha & others ..... Opposite Parties Represented by Adv. – Mr. U.C. Jena, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 13.02.2026 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 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: “Under the above circumstances, 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 the Pension and Pensionary benefits in favour of the petitioner on his retirement from service 31.08.2025 in accordance with the provisions contained in the Orissa Aided Educational Institutions Employees Page 2 of 3. Retirement Benefits Rule, 1981, keeping in view the ratio decided by this Hon’ble Court in the case of Sarat Chandra Parida- Vrs-State of Odisha & Ors; reported in 2015 (II)ILR CUT-94 which has been upheld by the Hon’ble Apex Court in SLP(C)CC No.(S) 761 of 2016 disposed of on 19.01.2016 (State of Odisha-Vrs-Sarat Chandra Parida) and also in the case of Hemant Kumar Chhotaray-Vrs-State of Odisha and others in (W.P (C) No.17067 of 2023 disposed of on 12.01.2024) along with batch of cases within a time to be stipulated by this Hon'ble Court and his arrear pension may also be calculated and paid his forthwith; And pass such other or further order or orders as the Hon'ble Court may deem fit and proper to the facts and 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 Page 3 of 3. strictly in accordance with law, he will have no objection to the same. 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 detailed representation taking therein all the grounds along with supporting documents and copies to the judgment be 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 observation, the writ application stands disposed of. 8. Issue urgent certified copy of this order as per Rules. (Aditya Kumar Mohapatra ) Judge Suchitra Designation: Junior Stenographer