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Ananta Kumar Patra v. State of Odisha

Orissa HC12 Oct 2020WP(C)/16561/2020

Case brief

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What is this about?

The Court disposed of a writ petition, directing opposite parties to consider the petitioner's case for pension and retiral benefits under the Odisha Aided Educational Institution Employees Retirement Benefit Rule, 1981, following the decision in Sarat Chandra Parida.

What did the court decide?

Direction to opposite parties to consider petitioner's case for grant of pension and release thereof within four weeks, and extend post-retiral benefits within eight weeks thereafter.

Ananta Kumar Patra Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2020)

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W.P.(C) No.16561 of 2020

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12.10.2020 This matter is taken up through Video Conferencing due to lockdown in the wake of COVID-19 pandemic.

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Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

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The petitioner has filed the aforesaid writ application praying inter alia for a direction to the opposite parties to extend the pensionary and other retiral benefit in favour of the petitioner on his retirement in terms of the Odisha Aided Educational Institution Employees Retirement Benefit Rule, 1981.

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Learned counsel for the petitioner submits that a direction may be issued to the opposite parties to consider the case of the petitioner in the light of the judgment of this Court in the case of Sarat Chandra Parida-vrs.-State of Odisha and others, reported in 2015(II) ILR-CUT-94 .

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As it appears the issue involved in this case is analogous to W.P.(C) No.22316 of 2018. Therefore, in view of the reasons assigned in the order dated 20.08.2019 passed in W.P.(C) No.22316 of 2018 the writ petition stands disposed of.

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It is the contention of the petitioner that initially the petitioner received the Block Grant and subsequently it came under the fold of full Grant-in-Aid Order, 2017 and the case of the petitioner is squarely covered by the decision reported supra.

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In the aforesaid view of the matter, the writ application is disposed of with a direction to the opposite parties to consider the case of the petitioner for grant of

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pension and release of the same within a period of four weeks in the light of the decision reported supra from the date of communication/production of certified/ authenticated copy of this order. In the event the opposite parties come to the conclusion that the petitioner is entitled to the aforesaid benefits, then the post retiral benefits be extended in favour of the petitioner eight weeks thereafter.

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It is needless to say that this Court has not expressed any opinion on the merits of the case.

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…………..…..…..

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P. Patnaik, J.

Ananta Kumar Patra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ananta Kumar Patra v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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