Ashok Kumar Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.3281 of 2022 Ashok Kumar Das .....

Petitioner Mr. P.K. Mohapatra, Advocate Vs.

State of Odisha and others .....

Opposite parties State Counsel

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

03.02.2022 Order No.

The matter is taken up by hybrid mode.

2. The petitioner has filed this writ petition seeking direction to the opposite parties to grant pension and pensionary benefits as per the old rules.

3. Mr. P.K. Mohapatra, learned counsel for the petitioner contended that this question has already been considered by a Division Bench of this Court in W.P.(C) No.19550 of 2011 disposed of on 03.02.2021 (Chandra Nandi v. State of Odisha and others) and W.P.(C) No.27950 of 2019 disposed of on 03.02.2021 (Premananda Tripathy v. State of Odisha). It is contended that since the matter has already been decided by this Court and, as such, the petitioner having stood in the same footing, nothing remains to be adjudicated by this Court. Therefore, direction may be given to the authority to consider the case of the petitioner in the light of the aforesaid orders.

4. Learned State Counsel contended that since this question has already been decided by this Court, direction may be given to the authority to consider the case of the petitioner in the light of the aforesaid orders.

5. Considering the contention raised by learned

counsel for the parties and after going through the records, this writ petition stands disposed of directing opposite party no.1 to consider the case of the petitioner for grant of pension and pensionary dues as due and admissible to him taking into consideration the order dated 03.02.2021 passed by this Court in Chandra Nandi and Premananda Tripathy mentioned supra, as well as the ratio decided by this Court in State of Orissa v. Jyostna Rani Pattnaik (W.P.(C) No.1534 of 2008 disposed of on 19.12.2016), and pass appropriate order in accordance with law, as expeditiously as possible, preferably within a period of four months from the date of production of certified copy of this order.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court's Notice No.4587 dated 25th March, 2020, as modified by Court's notice no. 4798 dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

Arun (DR. B.R. SARANGI, J.)