Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.8275 of 2026 Pradip Kumar Mohanty ..... Petitioner
Represented by Adv. - Badrinarayan Panda -versus- State of Odisha & Ors. ..... Opposite Parties
Represented by Adv. – D.K. Sahoo, A.G.A.
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 18.03.2026
Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel appearing for the Petitioner as well as learned Additional Government Advocate appearing 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 this Hon’ble Court may graciously be pleased to issue notice to the opp. Parties calling upon them to file show cause as to why:- i) A direction shall not be issued to quash the letter dated 6.3.2026 issued by Opp. Party No.5 under Annexure-2 as per Judgment of Hon’ble Apex Court of India rendered in between State of Punjab Vrs Rafiq Masih, reported in AIR 2015 Supreme Court P- 696 , Thomas Daniel Vrs State of Kerela in Civil Appeal No. 7115 of 2010 vide
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Judgment dated 2.5.2022 and Jogeswar Sahu and others Vrs The District Judge, Cuttack in SLP (Civil) No. 5918 of2024 dated 4.4.2025 ii) And after hearing the parties be pleased to quash the letter dated 6.3.2026 issued by 0pp. Party No.5 under Annexure-2 and direct the opp.parties not to stop pension and pensionary benefits of the petitioner in the interest of justice;
And pass any other writ/(s), order/(s) direction/(s) as this Hon'ble Court just deem fit and proper in the fact and circumstances of the case.”
4.
Learned counsel for the Petitioner at the outset contended that the Petitioner, who happens to be a pensioner, has approached this Court challenging the show-cause notice dated 06.03.2026 at Annexure-2. He further submitted that after retirement from service, the Petitioner was getting pensionary benefits. However, the Opposite Party No.5, i.e., the Block Education Officer, Korei, issued a show-cause notice to the petitioner on 06.03.2026 at Annexure-2 to the present writ application. He further submitted that the Petitioner has already submitted his reply to the show-cause and the same is under consideration. By filing the present writ application, the Petitioner has approached this Court for a direction to the Opposite Parties not to take any coercive action and not to stop the pensionary benefits of the Petitioner.
5. Learned Additional Government Advocate on the other hand contended that the present writ application is premature as the show-cause reply submitted by the Petitioner is under consideration by the Opposite Parties.
6. Taking into consideration the fact that the Petitioner has
Page 3 of 3. approached this Court against a show-cause notice against which he has already submitted his reply and the same is under active
consideration, this Court is not inclined to interfere at this stage. Accordingly, the present writ application is being disposed of by granting liberty to the petitioner to approach this Court at an appropriate stage.
7. With the aforesaid observations/ directions, the writ application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Designation: Junior Stenographer