Dhiren Kumar Mohanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.28938 of 2022 Dhiren Kumar Mohanty ....

Petitioner Mr. Biswabihari Mohanty -versusState of Odisha and others ....

Opp. Parties Mr. B.P. Tripathy, AGA

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

21.12.2022 02.

1.

Heard the learned counsel for the parties.

2.

This writ petition has been filed by the Petitioner seeking a direction to the Opposite Parties to sanction and disburse pension, gratuity and all other pensionary/retirement benefits in his favour w.e.f. 01.01.2019 by treating the date of his regularization from 06.08.2008 and release the consequential retirement benefits both current and arrear within a stipulated period of time. 3.

It is submitted by the learned counsel for the Petitioner that the issues involved in this writ petition is squarely covered by the decision of this Court rendered in the case of Rabindra Kumar Jena v. State of Odisha and others decided on 07.12.2022 in W.P.(C) No.36009 of 2021 (batch of cases). The said writ petition was disposed of with the following observations:- "26. Therefore, this Court directs the Opposite Parties to consider the case of the Petitioners for pensionary benefits by permitting the Petitioners to submit the pension papers afresh and in that event, if the pension papers, in proper form, are submitted before the authority concerned within a period of one month from today, the authority concerned shall do

// 2 // well to consider the same and grant pensionary benefits as due and admissible to the Petitioners within a period of two months thereafter, if there are no other legal impedement."

4.

In view of the aforesaid, this writ petition is also disposed in the light of the direction issued in Paragraph-26 of Rabindra Kumar Jena's case (supra) which has been quoted hereinabove. The authorities are directed to carry out the aforesaid direction within a period of two months from the date of production of certified copy of this order. The Petitioner is directed to approach the Opposite Parties along with a certified copy of this order and the order passed in Rabindra Kumar Jena's case (supra) within two weeks from today. 5.

With the aforesaid direction, this writ petition stands disposed of.

( A.K. Mohapatra) Judge Debasis