Orissa High Court
Subash Chandra Das vs ) State Of Odisha ..... Opposite Parties on 21 April, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.10480 of 2025
Subash Chandra Das ..... Petitioner
Represented By Adv. -
Niranjan Biswal
-versus-
1) State Of Odisha ..... Opposite Parties
2) Collector,jajpur Represented By Adv.
3) Project Director,drda,jajpur -Mr. S.K.Parhi,
4) Block Development Officer,bari A.S.C.
5) Block Development Officer,bari
6) Ecutive Engineer,n.h.
Division,dhenkanal
7) Accountant General9 A And E) Bbsr
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
Order No. 21.04.2025
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. Perused the writ application as well as 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 admit this writ application, issue notice to the Opp.Parties, call for the relevant records and after hearing issue appropriate writ in the nature of mandamus or any other writ and pass the following order/directions;
i) To direct the Opposite Parties more particularly Page 1 of 5. Opp.Party No.2 & 4 i.e the Collector, Jajpur and the Block Development Officer, Bari to implement the order dtd-17.01.2023 passed by this Hon'ble Court in WPC (OAC) No-78 of 2014 under Annexure-9 with in a time framed.
ii) To direct the Opp.Parties more particularly Opp.Party No.2 & 4 i.e the Collector, Jajpur and the Block Development Officer, Bari to the release the final pension and other post retirement dues of the petitioner with interest as directed by this Hon'ble Court under Annexure-8 considering the fact that the petitioner has been retired from service w.e.f 30.04.2013 and his final pension has been deliberately delayed by the Collector, Jajpur and BDO, Bari even after 12 years of his retirement.
And/or pass such other further order/orders as this Hon'ble Court deems just and proper."
4. Learned counsel for the petitioner at the outset contended that while the petitioner was working as a Junior Engineer under the Administrative Control of the B.D.O., Bari, Opposite Party No.4 has retired from service on attaining the age of superannuation w.e.f. 30.04.2013. Thereafter, the Opposite Party No.3 i.e. Project Director, DRDA, Jajpur directed the Opposite Party No.6 to transmit the service book of the petitioner vide letter dated 02.07.2013. On 26.07.2013, the Opposite Party No.5 forwarded the absentee statement of the petitioner for release of his arrear salary. While this was the position, on 16.11.2013, the Opposite Party No.3 again requested to update the service book of the petitioner. Despite such request no action was taken by the Opposite Party Nos.4 and 5. Finally, on 11.05.2022, the Opposite Party No.4 i.e. B.D.O., Bari, after nine years of retirement of the petitioner from service, took steps to process the claim of the petitioner for disbursal of final pensionary Page 2 of 5. benefits and other retiral dues.
5. Learned counsel for the petitioner further contended that challenging the inaction of the opposite parties the petitioner had earlier approached the learned Odisha Administrative Tribunal by filing O.A. No.78 of 2014. He further contended that after abolition of the O.A.T., the matter was transferred to this Court and was re-registered as WPC(OAC) No.78 of 2014. This Court vide order dated 17.01.2023 allowed the writ application thereby directing the competent authority to find out as to why the pensionary claims of the petitioner have not been finalised and in the event the same has not been finalised further direction was given to the competent authority finalise the fixation as is due an admissible to the petitioner within a period of one month. Learned counsel for the petitioner at this juncture contended that despite such direction by this Court in the earlier writ application, no steps have been taken by the opposite parties to finalise the claim of the petitioner with regard to the sanction and disbursal of the pensionary benefits as well as other retiral dues of the petitioner. He further contended that the inadvertent delay in finalising the claim of the petitioner for family pension and other retiral dues can solely be attributed to the opposite parties. In such view of the matter, learned counsel for the petitioner further contended that the opposite parties be directed to calculate, sanction and disburse the pensionary benefits as well as other retiral dues of the petitioner along with interest thereon, within a stipulated period of time.
6. In course of his argument learned counsel for the petitioner Page 3 of 5. also referred to the earlier order dated 17.01.2023 passed by a coordinate bench of this Court in the earlier writ application wherein the opposite parties have been directed to grant penal interest for such delayed payment. It was also submitted by the learned counsel for the petitioner that the petitioner is suffering from brain haemorrhage and as such he is unable to move. Although the daughter of the petitioner had approached the opposite parties on several occasions for release of the final pension and further retiral dues of the petitioner, however the authorities have not consider the same favourably.
7. Learned counsel for the State on the other hand contended that although he has no instruction in the matter, however taking into consideration the above-mentioned order made in the earlier writ application as well as the documents attached to the writ application, he will have no objection in the event this Court directs the opposite parties to consider the case of the petitioner in accordance with law and within a stipulated period of time.
8. Having heard the learned counsels appearing for the respective parties, on a careful examination of the documents annexed to the writ application, further keeping in view the order dated 17.01.2023 passed in WPC(OAC) No.78 of 2014, this Court deems it proper to dispose of the writ application at this juncture by directing the Opposite Party Nos.2 and 4 to make every endeavour to ensure that the petitioner gets his final pensionary benefits as well as other retiral dues within a period of two months from the date of communication of a certified copy of this order. It is further directed that in the event the Page 4 of 5. petitioner is unable to move, then necessary steps be taken by the Opposite Party Nos.2 and 4 to assign responsible officers for processing of the claims of the petitioner with regard to the final pensionary benefits as well as other retiral dues. It is further directed that the claim of the petitioner with regard to his final pensionary benefits as well as other retiral dues be paid to him along with interest as has been indicated by this Court in the order dated 17.01.2023, passed in the earlier writ application, within the aforesaid period of two months.
9. A free copy of this order be handed over to the learned counsel for the State for communication to the Opposite Party Nos.2 and 4. It is further made clear that in the event that the dues are not clear, then on an application being filed by the petitioner, this Court shall initiate contempt proceeding against the opposite Party Nos.2 and 4 for wilfully and deliberately violating this Court's order.
10. With the aforesaid observations and directions, the writ application stands disposed of.
11. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Rubi
Signature Not Verified
Digitally Signed
Signed by: RUBI BEHERA
Reason: Authentication Page 5 of 5.
Location: OHC
Date: 22-Apr-2025 16:39:04