Orissa High Court
Akhaya Kumar Jena vs Commissioner-Cum-Secretary on 29 March, 2022
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.7502 of 2022
Akhaya Kumar Jena .... Petitioner
Mr. S.S. Pratap, Adv.
-versus-
Commissioner-cum-Secretary, .... Opposite Parties
Department of School and Mass
Education Department and others
CORAM: JUSTICE S.K. PANIGRAHI
ORDER
Order No. 29.03.2022
01. 1. This matter is taken up through hybrid mode.
2. In this writ petition, the petitioner has challenged the arbitrary action of the opposite parties in not sanctioning and releasing his pension, even though he is entitled to the same as per Rule-3 of the Orissa Aided Educational Institutions' Employees' Retirement Benefit Rules, 1981 (hereinafter referred to as "the Rules" for brevity), which has been reiterated in the case of Sarat Chandra Parida -vrs.- State of Odisha and Ors.1 by this Court. The said case travelled up to the Hon'ble Supreme Court by way of filing a SLP by the State and the same was dismissed on the ground of delay.
3. Learned counsel for the petitioner submits that the petitioner was joined as Lecturer in Political Science on 10.09.1990 by the Governing Body of the concerned College. The petitioner retired from service on 25.01.2022. Learned counsel for the petitioner further submits that till date, the petitioner has not been granted the pensionary benefit. He further submits that the case of the 1 2015(II) ILR CUT 94 Page 1 of 2 // 2 // petitioner is squarely covered by the ratio decided in the afore- stated case.
4. In view of such facts and circumstances, notice needs to be issued to the opposite parties. Hence, issue notice.
5. Mrs. S. Pattanayak, learned Addl. Government Advocate waives of notice on behalf of the opposite party nos.1 and 2. Required number of copies of the writ petition be served on her within three working days hence, who shall obtain instructions in the matter.
6. Notice be sent to opposite party no.3 through Speed Post returnable by 11.04.2022. Postal requisites shall be filed within three working days.
7. List this matter on 12.04.2022.
( S.K. Panigrahi) Judge PCD Page 2 of 2