In a writ petition regarding pension benefit, the High Court of Orissa held that the petitioner must have retired by now, rendering the petition infructuous due to absence of cause of action, but granted liberty to approach afresh if any cause survives.
Petition disposed of granting liberty to approach the Court afresh if any cause of action survives.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK WPC(OAC) No.3310 of 2012
Gopal Charan Sahoo
…. Petitioner
Mr.Biswanath Behera, Adv.
-versus-
…. State of Odisha & others Opposite Parties Mr. Y.S.P.Babu, AGA
CORAM: MR. JUSTICE S.K. PANIGRAHI ORDER
Order No.
18.02.2022
04 1 .This matter is taken up by hybrid mode. 2 . Learned counsel for the petitioner submits that by the time of filing of the present case in the year 2012, the age of the petitioner was 54 years. By efflux of time the petitioner must have retired by now. Hence, there seems to be absence of any cause of action in the present writ petition and the WPC(OAC) has become infructuous. 3 . However, liberty is granted to the petitioner to approach this Court afresh, if any cause of action survives. 4 . In view of the above, the WPC(OAC) is disposed of granting liberty as aforesaid.
( S.K. Panigrahi) Judge
LB
Page 1 of 1
1 issue framed by the court
Whether the writ petition concerning pension/retirement has become infructuous due to efflux of time and lapse of cause of action.
Gopal Charan Sahoo
State of Odisha
S.K. Panigrahi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
