Disposed¶22

Alabi Swalsingh v. State of Odisha

Orissa HC24 Apr 2024WP(C)/7656/2023

Case brief

AI extract

What is this about?

Odisha HC writ (W.P.(C) 7656/2023, order 24.04.2024, Biraja Prasanna Satapathy J.): pension-release petition (pension from 01.04.2011; gratuity, GPF, arrear pension; interest @10% p.a.) turned on disputed fact of dismissal from service w.e.f. 18.07.2000 versus affidavit of no dismissal; court held such disputed fact cannot be decided in an Article 226 proceeding, granted liberty to take appropriate steps under law, and disposed of the petition.

What did the court decide?

Liberty to the petitioner to take appropriate steps as provided under law; no direction to release the pension or pensionary benefits was given in this proceeding. ¶22

Alabi Swalsingh Vs State of Odisha — Writ and Judicial Review | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.7656 of 2023

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Alabi Swalsingh

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…. Petitioner

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Mr. S.K. Mishra, Advocate

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-versus-

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State of Odisha and Others

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Opposite Parties

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Mr. S. Rath, ASC

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CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY

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ORDER

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24.04.2024

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Order No. 07. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

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2. Heard Mr. S.K. Mishra, learned counsel for the petitioner and Mr. S. Rath, learned Addl. Standing Counsel for the State.

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3 . The Petitioner has filed the present Writ Petition inter alia with the following prayer: -

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“Under the above circumstances, it is therefore humbly prayed that this Hon’ble Court may be graciously pleased to direct the opposite parties to release the pension of the petitioner from 01.04.2011 and other pensionary benefits like gratuity, GPF, arrear pension etc with the interest @ 10% per annum, as the opposite parties have allowed the petitioner to suffer for no fault of her own.”

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4. Basing on the instruction provided by the DEO, Gajapati, it is contended that the petitioner has been

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// 2 //

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dismissed from service w.e.f. 18.07.2000 and accordingly petitioner is not eligible and entitled to get the benefit of pension and pensionary benefits.

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5. To the said instruction provided by the DEO, Gajapati as well as the BEO, Nuagada, an affidavit has been filed by the petitioner indicating therein that petitioner was never dismissed from service.

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6. Since disputed question of fact is involved, it cannot be decided in a proceeding under Article 226 of the Constitution of India. It is open for the petitioner to take appropriate step as provided under law.

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7. With the aforesaid liberty, the Writ Petition is disposed of.

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(Biraja Prasanna Satapathy) Judge

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Basudev

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Signature Not Verified

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Page 2 of 2

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Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication of order Location: High Court of Orissa, C utta ck Date: 26-Apr-2024 18:33:09

Alabi Swalsingh v. State of Odisha

Case brief

What is this about?

What did the court decide?

Alabi Swalsingh v. State of Odisha

Case brief

What is this about?

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