Disposed

Jachindranath Rout v. State of Odisha

Orissa HC6 Dec 2024WP(C)/11350/2022

Case brief

AI extract

What is this about?

Retired employee sought release of retiral dues including gratuity and leave encashment. The authority had admitted his entitlement but cited financial constraints. The court directed Opposite Parties 2 and 3 to pay the admissible dues within two months and disposed of the writ petition.

What did the court decide?

Opposite Party Nos.2 and 3 directed to pay petitioner's retiral dues as admissible within two months; writ petition disposed of.

Jachindranath Rout Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.11350 of 2022

¶2

Jachindranath Rout …. Petitioner

¶3

Mr. R. Roy, Advocate

¶4

-versus-

¶5

State of Odisha & Another

¶6

…. Opposite Parties

¶7

Mr. D. Mohanty, AGA Mr.D.K.Mohanty, Advocate for O.P.2 (OMFED)

¶8

CORAM:

¶9

SHRI JUSTICE B. P. ROUTRAY

ORDER

06.12.2024

Order No.

The matter is taken up through hybrid mode.

¶15

Heard Mr.R.Roy, learned counsel for the Petitioner and Mr.D.Mohanty, learned Additional Government Advocate as well as Mr.D.K.Mohanty, learned counsel for Opposite Party No.2(OMFED). No one appears on call for Opposite Party No.3 despite name of the Lawyer is indicated in the cause list.

¶16

The Petitioner claims for release of his retiral dues including gratuity, leave encashment salary, etc. In the impugned order under Annexure-16, it is clearly stated by the Authority that the legitimate claim of the Petitioner is admittedly not paid to him and he is entitled towards his dues as such. The relevant portion of the order is reproduced here:-

¶17

Page 1 of 2

¶18

“XX XX .. .. .. However, the legitimate claim which Sri Rout 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 Rout to settle the entire amount of retiral dues from the Union is not possible.

¶19

However, the retiral dues as admissible to Sri Rout 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 Rout and other retired employees of the Union in phased manner.. .. .. XX”

¶20

This impugned order has been passed on 01.01.2022 and in the meantime around two years is going to be elapsed. Since it is the clear admission made on the part of the Authorities that the Petitioner is entitled for his legitimate dues upon his retirement from service on 28.02.2021 on superannuation, the Opposite Parties, particularly Opposite Party Nos.2 and 3, are directed to make the payment in favour of the Petitioner as admissible to him within a period of two months from today.

¶21

The writ petition is accordingly disposed of.

¶22

Issue urgent certified copy of this order under proper application.

¶23

Signature Not Verified Himansu

¶24

Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: OHC Date: 07-Dec-2024 16:02:15

¶25

Page 2 of 2

Jachindranath Rout v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jachindranath Rout v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Banaj Kumar Rautaray Vs State of Odisha

Sumanta Kumar Naik Vs State of Odisha

Ramakanta Sing Vs State of Odisha

Suresh Chandra Tripathy Vs State of Odisha

Srichandan Patra Vs Bhubaneswar Municipal Corporation

M/S Unique Packanging, Khordha Vs State of Odisha