The High Court of Orissa directed the State and OMFED to pay the petitioner's admitted retiral dues, including gratuity and leave encashment, within two months, rejecting an admission of liability placed on future financial improvement.
Directed opposite parties to make payment of petitioner's retiral dues within two months from the date of the order.
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 W.P.(C) No.11345 of 2022
Suresh Chandra Tripathy …. Petitioner
Mr. R. Roy, Advocate
-versus-
State of Odisha & Another
…. Opposite Parties
Mr. D. Mohanty, AGA
Mr.D.K.Mohanty, Advocate for O.P.2 (OMFED)
CORAM: SHRI JUSTICE B. P. ROUTRAY
ORDER
06.12.2024
Order No.
Page 1 of 2
“XX XX .. .. .. However, the legitimate claim which Sri Tripathy is entitled to towards his retiral dues like gratuity, unutilized leave salary, etc. ought to have been paid in time, but at present the Union is in such a precarious financial condition that the claim of Sri Tripathy to release huge amount in his favour as retiral dues from the Union is not possible.
However, the retiral dues as admissible to Sri Tripathy cannot be ruled out and on improvement of the business of the Union and its financial condition in near future, appropriate steps will be taken for disbursement of retiral dues of Sri Tripathy and other retired employees of the Union in phased manner.. .. XX”
Himansu
Signature Not Verified
Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: OHC Date: 07-Dec-2024 16:02:15
Page 2 of 2
3 issues framed by the court
Whether the State/Union is directed to pay the petitioner's admitted retiral dues including gratuity and leave encashment.
Whether the instruction for phased disbursement is sufficient given the unexplained delay of two years.
Whether the writ petition should be disposed of on merits given the admission of liability.
Suresh Chandra Tripathy
State of Odisha
OMFED
B. P. Routray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
