Rabindra Kumar Samal Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Rabindra Kumar Samal Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of: the subject representation is to be considered within two months and the result communicated to the petitioner; petitioner may file a comprehensive representation with supporting materials within two weeks to OP No.2; information/documents may be solicited from the petitioner without brooking delay; all contentions kept open; no costs.

Issue for consideration

Whether the Writ Court should intervene in the non-consideration of the petitioner's representation dated 23.04.2025 seeking sanctioning of pension with Grade Pay of Rs. 4,200/- and arrears of RACP, such amounts being contended to be the citizen's property under Article 300A of the Constitution. +1 more

Court's answer

The writ petition is disposed of; a period of two months is prescribed for considering the subject representation (referred to in the operative direction as Annexure-4) and for informing the petitioner of the result of such consideration.

Ratio / Principle

To facilitate easy and effective consideration, the petitioner is at liberty to file a comprehensive representation, along with materials vouching his claim, within two weeks to OP No.2.

Key takeaways

It is open to the authorities to solicit any information or documents required from the petitioner for due consideration of the subject representation, but delay shall not be brooked in that guise.ratio¶14
All contentions of the parties are kept open.ratio¶13

Detailed headnote1 paragraphs

Pension with Grade Pay of Rs. 4,200/- and RACP arrears — representation of retired employee left unconsidered; writ petition disposed of with a two-month consideration direction. Orissa High Court, Cuttack, WP(C) No.23721 of 2025, order dated 09.09.2025 (Justice Dixit Krishna Shripad). Petitioner Rabindra Kumar Samal, retired on superannuation, grieved non-consideration of his representation dated 23.04.2025 (Annexure-5) seeking sanctioning of pension with Grade Pay of Rs. 4,200/- and arrears of RACP for the period printed as between 01.08.20215 and 01.09.2015, contending the amounts payable by way of RACP and consequential pension are citizen's property under Article 300A of the Constitution, and citing similar benefits already granted to others (Annexure-4 series). Learned AGA agreed to have the grievance examined in view of the similarly treated cases, with contentions kept open. The Court disposed of the petition, prescribing two months for consideration of the representation and communication of the result, permitting the petitioner to file a comprehensive representation with vouching materials within two weeks to OP No.2, allowing solicitation of required information/documents without brooking delay, keeping all contentions open, and imposing no costs.

IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.23721 of 2025

Rabindra Kumar Samal …. Petitioner

Represented by Adv.Mr. P.K. Routray, Adv. -versus- State of Odisha and …. Opposite Parties others Represented by Adv.Mr. S.K. Jee, AGA

CORAM:

JUSTICE DIXIT KRISHNA SHRIPAD

ORDER 09.09.2025

Order No.

01. Petitioner is grieving before the Writ Court as to non-consideration of his representation dated 23.04.2025, a copy whereof avails at Annexure-5, wherein he has sought for sanctioning of pension with Grade Pay of Rs. 4,200/- and also the arrears of RACP for the period between 01.08.20215 and 01.09.2015, he having already retired from service on attaining age of superannuation.

Learned counsel for the petitioner submits that whatever amount is payable by way of RACP and consequent pension, is citizen’s property granted under Article 300A of the Constitution and therefore that needs to be sanctioned and released to him in terms of subject representation. This having not been done, he adds that intervention of Writ Court is warranted.

He further adds that in respect of others, similar benefit has already been granted, as has been reflected in Annexure-4 series, and therefore, his client could not have been discriminated against.

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Learned AGA Mr. Jee, appearing for the OPs in all fairness agrees to instruct his official clint to look into the grievance of the petitioner as has been aired in the representation at Annexure-6 keeping in view the similarly treated cases that are mentioned in Annexure-4 series. He puts a caveat that all contentions should be kept open and that a reasonable period be granted by the Court for such consideration. With this proposal, counsel for the petitioner is agreeable.

In the above circumstances, petition is disposed off. A period of two months is prescribed for considering the subject representation at Annexure-4 and also to inform result of such consideration to the petitioner. To facilitate easy and effective consideration, petitioner is at liberty to file a comprehensive representation, along with the materials vouching his claim, within two weeks to OP No.2. All contentions of the parties are kept open.

It is open to solicit any information or document from side of the petitioner, as are required for due consideration of the subject representation; however, in that guise delay shall not be brooked.

Now, no costs.

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

(Dixit Krishna Shripad) Judge

Prasanta

Signature Not Verified

Digitally Signed Signed by: PRASANT KUMAR SAHOO Reason: Authentication Location: Orissa High Court Date: 09-Sep-2025 19:49:37

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