Narayan Samal Vs State of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.24636 of 2025

Narayan Samal …. Petitioner Represented by Adv.Mr. H.P. Rath, Adv. -versus- State of Odisha and …. Opposite Parties others 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. Petitioner has coined his prayer as under:

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“It is, therefore, most humbly prayed that, this Hon'ble may graciously be pleased to admit this writ petition, issue RULE NISI by calling upon the opposite parties to show cause as to why they shall not be directed to sanction and pay the petitioner the final pension, D.C.R.G. and unutilized leave salary dues with 18% interest per annum thereon, and upon failing to show showing insufficient cause, make the said rule absolute, and issue a writ in the nature of mandamus commanding the opposite parties to sanction and pay the petitioner the final pension, D.C.R.G. and un-utilsied leave salary together with 18% intrest per annum within a stipulated time as would be fixed by this Hon'ble Court.”(sic)

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When asked as to whether petitioner had made any representation for finalization of the pension and other terminal benefits, learned counsel for the petitioner very fairly submits that he has yet to make one.

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Learned AGA Mr. Lenka appearing for OPs submits that without demand & refusal, ordinarily Writ of Mandamus is not maintainable, subject to all just exceptions into which argued case of the petitioner does not feet.

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At this stage, learned counsel appearing for the petitioner seeks liberty to make an appropriate representation along with supportive materials so that the same would meet its fate at the hands of OP No.3. This is appreciable.

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In the above circumstances, writ petition is disposed off reserving liberty to the petitioner to make appropriate representation within two weeks and if one is made OP No.3 shall consider the same and inform result of such consideration to the petitioner within an outer limit of eight (8) weeks from today. 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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(Dixit Krishna Shripad) Judge

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Sign ature No Prasant t Verified

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

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