Rabindranath Dash v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.34777 of 2022 Rabindranath Dash ....

Petitioner Mr. R.C. Swain, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. B. Pr. Tripathy Mr. S.K. Patra, S.C. for Accountant General

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

21.12.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard the learned counsel for the Petitioner as well as the learned counsel for the Opposite Parties.

3.

The present writ petition has been filed by the Petitioner with a prayer to direct the Opposite Party No.2 to take prompt step in the matter of sanction/disburse of provisional pension till conclusion/finalization of Criminal Appeal pending before this Court.

4.

Learned counsel for the Petitioner submits that while the Petitioner was in service, he was entangled in a vigilance case and when the Petitioner was convicted in the said vigilance case, he has preferred a criminal appeal, which is stated to be pending before this Court. It is further contended by the learned counsel for the Petitioner that during pendency of the vigilance case, the Petitioner was getting provisional pension. However, after the order was

// 2 // passed by the trial court convicting the Petitioner, his provisional pension has been stopped by the Opposite Party No.2. It is further contended by the learned counsel for the Petitioner that the Petitioner is aged about 72 years and it is not known when the appeal will be taken up for hearing and in such circumstances, the Petitioner is facing financial difficulties at the fag end of his life. In such view of the matter, learned counsel for the Petitioner prays for a direction to the authorities to provide him provisional pension till his appeal is heard by this Court.

5.

Learned Additional Standing Counsel appearing for the StateOpposite Parties submits that the Petitioner has already been convicted by the trial court and his appeal being pending, he is not entitled to get any pensionary and retiral benefits. Therefore, it is submitted that the writ petition is devoid of merit. 6.

Considering the submissions made by the respective parties, this Court directs the Opposite Party No.2-Collector & District Magistrate, Nuapada to the extent that the provisional pension shall be paid to the Petitioner till final decision taken on his appeal by this Court.

7.

With the aforesaid observation and direction, this writ petition is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu