Disposed

Sidheswar Nayak v. State of Odisha

Orissa HC20 Jun 2024WP(C)/13405/2024

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition directing the respondent authority to correspond with the benefit-disbursing authority to facilitate the sanction and release of final gratuity, pension, and arrears for the petitioner within two months.

What did the court decide?

Direction to opposite parties to correspond and sanction/release final gratuity, pension, and arrears within two months.

Sidheswar Nayak Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 13405 of 2024

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Sidheswar Na y ak …. P e titioner Mr. L.N.Patel, Advocate & As s ociates

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-Versus-

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State of Odis h a & others …. Opposite Parties Mr. Sudhir Ku. P atra, SC

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COR A M: MR. J USTICE R.K. PATTANAIK

ORDER 20.06.2024

Order No.

Heard l earned counsel for the petitioner and M r. Patra, learned ASC f o r the State opposite party Nos. 7 & 8.

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Instant writ petition is filed by the petitioner for a d irection to the opposite parties to sanction and release final gra t uity and pension to h i m pursuant to Annexure-4 and further r e lease all arrear dues in his favour on the grounds stated therein.

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Learne d counsel for the petitioner would submit that the pension and f inancial benefits has not been sanctioned in favour of the petitio n er, since in the meantime, opposite party N o.7 has returned the service book and pension papers for w ant of documents/ i n complete information with a ground that t h e Grade Pay for an a m ount of Rs. 4,600/- towards 2^nd RACP as on 1^st January, 201 3 directly from Grade Pay is Rs.2200/- h as been

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allowed with o ut the sanction of the Administrative De p artment. It is further s ubmitted that such administrative approv a l is not required in in d ividual cases and while claiming so, learne d counsel for the petiti o ner produced a copy of the order dated 2 1^st May, 2024 in W.P. ( C) No. 12512 of 2024 by a Co-ordinate Be n ch.

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The sai d order in W.P.(C) No. 12512 of 2024 is per u sed.

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Since s u ch an order is passed by this Court in W. P .(C) No. 12512 of 2 0 24 on the premise that there is a general administrativ e approval granted by the State Government, hence, no approval is needed in individual cases, the Court is, t h erefore, considering t h e same is of the view that similar relief s h ould be extended to the petitioner with a direction to oppos i te party No.3 to have necessary correspondence with opposite party No.7 in this regar d in order to facilitate sanction in disburs e ment of RACP and o ther financial benefits to which he is o therwise entitled to.

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6. Hence, it ordered.

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In the r esult, the writ petition stands disposed of with a direction to o pposite party No.3 to correspond with opposite party No.7 w ithin four weeks from the date of receipt o f a copy of this order. In the event, any such letter is received by opposite party No.7, h e shall do well to consider such sanctio n and to release final p ension and retiral benefits in his favour wi t hin next two months p ositively.

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A certified copy of the order be issued as per rules.

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A copy of the order be handed over to Mr. Patra , learned counsel for o p posite party No.7 for its onward intimati o n to the Authority concerned.

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A free copy of the order be also handed ove r to Mr. Tripathy, lear n ed AGA for the State for intimation of the same to opposite part y No.3.

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kabita

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(R.K.Pattanaik) Judge

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Signature Not Verified

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Digitally Signed Signed by: KABITARANI MAJHI Designation: Secretary Reason: Authentication Location: OHC,Cuttack Date: 21-Jun-2024 15:35:03

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Sidheswar Nayak v. State of Odisha

Case brief

What is this about?

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Sidheswar Nayak v. State of Odisha

Case brief

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