Quashed

Jaladhar Mallick v. State of Odisha

Orissa HC4 Sept 2025WP(C)/601/2021

Case brief

AI extract

What is this about?

A writ petition challenging the rejection of the petitioner's claim to unutilized leave salary withheld due to pending vigilance and departmental proceedings under a 2015 Finance Department office memorandum. Relying on its own earlier order in W.P.(C) No.20808 of 2024 allowing an identical claim, the court quashed the rejection and directed release of the leave salary within four weeks.

What did the court decide?

Rejection communication dt.09.10.2020 quashed; Opp. Party No.1 directed to release petitioner's unutilized leave salary within 4 weeks.

Jaladhar Mallick Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2025)

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00THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C ) No.601 of 2021

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Jaladhar Mallick

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…. Petitioner Ms. B. Mishra, Adv.

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-versus-

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State of Odisha & Others …. Opp. Parties Mr.M.R. Mohanty, AGA )_

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CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY

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ORDER

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Order No. 04.09.2025

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4. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

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2. Heard learned counsel appearing for the parties.

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3. The Present Writ Petition has been filed inter alia challenging the rejection of the Petitioner’s claim to get the benefit of unutilized leave salary vide communication dt.09.10.2020 under Annexure-2 so passed by Opp. party No.1.

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4. It is contended that such a claim of the Petitioner to get the benefit of unutilized leave salary during pendency of the Vigilance Proceeding and Departmental proceeding was negatived by Opp. Party No.1 placing reliance on the office memorandum issued by the Finance Deptt. on dt.26.03.2015 under Annexure-3.

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// 2 //

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4.1. However, it is contended that similar issue was before this Court in W.P.(C ) No.20808 of 2024 and this Court vide order dt.06.03.2025 was inclined to direct for release of the unutilized leave salary on the face of the pendency of the proceeding against the Petitioner therein and the stipulation contained in Office memorandum dt.26.03.2015 under Annexure-3. It is accordingly contended that in view of the judgment delivered by this Court in W.P.(C ) No.20808 of 2024, rejection of the Petitioner’s claim which was made vide the impugned communication dt.09.10.2020 under Annexure-2 is not sustainable in the eye of law.

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5. Learned Addl. Govt. Advocate on the other hand placing reliance on the Office memorandum dt.26.03.2015 contended that in view of the stipulation contained in the said memorandum, Petitioner’s claim has been rightly rejected.

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6. Having heard learned counsel for the parties and considering the submission made, this Court finds that claim of the Petitioner to get the benefit of unutilized leave salary has been rejected vide the impugned communication dt.09.10.2020 under Annexure-2 taking into account the stipulation contained in office Memorandum dt.26.03.2015 under Annexure-3. But as found, similar issue was before this Court in W.P.(C) No.20808 of 2024. On the face of the

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stipulation contained in office Memorandum dt.26.03.2015, similar claim was allowed by this Court vide judgment dt.06.03.2025. Placing reliance on the judgment so cited, this Court is inclined to quash the impugned rejection dt.09.10.2020 issued under Annxure-2. While quashing the same, this Court directs Opp. Party No.1 to release the unutilized leave salary of the Petitioner as due and admissible within a period of four (4) weeks from the date of receipt of this order.

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7. The Writ Petition accordingly stands disposed of.

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(Biraja Prasanna Satapathy) Judge

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sangita

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Signature Not Verified

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Digitally Signed Signed by: SANGITA PATRA Reason: authenticaton of order Location: high court of orissa, cut tack Date: 09-Sep-2025 18:57:39

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Jaladhar Mallick v. State of Odisha

Case brief

What is this about?

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Jaladhar Mallick v. State of Odisha

Case brief

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