Disposed¶25

Devraj Mohanty v. State of Odisha

Orissa HC23 Sept 2025WP(C)/23687/2025

Case brief

AI extract

What is this about?

Pension and terminal benefits writ petition disposed with liberty to file representation; retired employee (retired 31.01.2025) sought final pension, gratuity, unutilized leave salary, RACP/MACP pay fixation after completion of disciplinary proceedings; AGA contended absence of demand and refusal; OP No.2 to decide representation within eight weeks in accordance with law; contentions kept open; no costs; Orissa High Court, single judge.

What did the court decide?

No substantive relief granted; liberty reserved to the petitioner to make a representation with supportive material within two weeks, and OP No.2 directed to consider and take a call on it within eight weeks in accordance with law; all contentions kept open; no costs. ¶25

Devraj Mohanty Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who retired on 31.01.2025 after completion of pending disciplinary proceedings, is entitled to final pension and pensionary benefits including gratuity, unutilized leave salary and revised pay fixation on RACP/MACP.

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Court's answer

Writ petition disposed of reserving liberty to the petitioner to make an appropriate representation with supportive material within two weeks; if such representation is made, OP No.2 shall take a call on it within an outer limit of eight weeks in accordance with law.

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Ratio / Principle

OP No.2 may solicit any information or document from the petitioner required for due consideration of the representation, but delay shall not be brooked in that guise.

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Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Dixit Krishna Shripad, J.), by order dated 23.09.2025 in WP(C) No.23687 of 2025, disposed of a writ petition filed by a petitioner who retired on 31.01.2025 seeking final pension and pensionary benefits, including gratuity, unutilized leave salary and revised pay fixation on RACP/MACP, after completion of pending disciplinary proceedings. The Court issued emergent notice, noted the AGA's objection that there was no demand and refusal, and, on counsel's offer, disposed of the petition reserving liberty to the petitioner to make an appropriate representation with supportive material within two weeks; OP No.2 was directed to take a call on such representation within an outer limit of eight weeks in accordance with law, and was permitted to seek information or documents from the petitioner provided no delay was occasioned. All contentions were kept open and no costs were awarded.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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WP(C) No.23687 of 2025

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Devraj Mohanty

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Petitioner

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Represented by Adv.Mr. P.K. Mohapatra, Adv.

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-versus-

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State of Odisha & others ….

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Opposite Parties

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Represented by Adv.Mr. D. Lenka, AGA

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CORAM:

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JUSTICE DIXIT KRISHNA SHRIPAD

ORDER

23.09.2025

Order No.

01. Issue emergent notice. Learned AGA Mr. Lenka, on request, accepts notice for all OPs. Required number of copies of the writ petition along with all documents be served on him within three working days.

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Petitioner has aired his grievance in the prayer column with the following text:

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“Under the aforesaid facts and circumstances of the case, it is therefore, prayed that this Hon'ble Court may graciously be pleased to:

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(i) direct the Opp. Parties to grant final pension and pensionary benefits, including Gratuity, Unutilized Leave salary and revised Pay fixation on RACP/MACP, in favour of the Petitioner, who retired from service on 31.01 2025, within a stipulated period, as may be prescribed by this Hon'ble Court for the interest of justice;

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(ii) pass such other order(s) or issue direction(s) as may be deemed fit and proper in the bona fide interest of justice”

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Learned counsel for the petitioner submits that there were some disciplinary proceedings pending against his client and that

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the same having already been accomplished, all terminal benefits like pension etc. have to be fixed on a regular basis and granted.

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Learned AGA Mr. Lenka opposes the petition contending that to seek order of the kind, there should be demand & refusal, which is militantly absent in this case and therefore, petition be dismissed.

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At this stage, learned counsel for the petitioner submits that his client would make an appropriate representation within two weeks and the same may be directed to be considered by the jurisdictional OPs in a time bound manner. This is a happy thing to happen.

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In the above circumstances, writ petition is disposed off reserving liberty to the petitioner to make appropriate representation with supportive material within two weeks and if one is made OP No.2 shall take a call on the same within an outer limit of eight (8) weeks in accordance with law. All contentions are kept open.

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It is open to Opp. Party No.2 to solicit any information or document from the side of the petitioner, as are required for due consideration of the subject representation; however, in that guise, delay shall not be brooked.

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Now, no costs.

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Web copy of this order to acted upon by all concerned.

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Signature Not Verified

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(Dixit Krishna Shripad) Judge

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Digitally Signed Signed by: PRASANT KUMAR SAHOO Reason: Authentication Location: Orissa High Court Date: 24-Sep-2025 16:48:15Prasant

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