Disposed¶27

Lingaraj Nayak v. State of Odisha

Orissa HC22 Apr 2025WP(C)/9053/2025

Case brief

AI extract

What is this about?

Pension non-compliance writ (Orissa HC, WP(C) 9053/2025, Mohapatra J., 22.04.2025): disposed at admission; Opposite Parties to redress grievance/finalize pension preferably within three months; Petitioner to cooperate and furnish information; provisional pension already sanctioned per Para-wise comments dated 19.04.2025; follows unexecuted direction of 06.03.2023 in W.P.(C) No.6406 of 2023; interest @18% prayed but not granted.

What did the court decide?

Writ petition disposed of at the admission stage; Opposite Parties directed to redress the Petitioner's grievance (finalization of pension) preferably within three months of communication of a certified copy of the order; Petitioner directed to cooperate and furnish required information. The prayer for interest @18% per annum was not granted/dealt with; no monetary relief awarded.

Lingaraj Nayak Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶27

Issue for consideration

Whether the Opposite Parties should be directed to comply with the earlier order of this Court (Annexure-2) and dispose of the Petitioner's representation concerning his pension. +1 more

¶21

Court's answer

This Court deemed it proper to dispose of the writ petition at the stage of admission by directing the Opposite Parties to redress the grievance of the Petitioner as expeditiously as possible, preferably within three months from the date of communication of a certified copy of the order.

¶26

Ratio / Principle

The Petitioner was directed to cooperate with the Opposite Parties in the preparation of pension papers and to furnish any information required to be submitted before them.

¶26

Detailed headnote1 paragraphs

High Court of Orissa, W.P.(C) No.9053 of 2025 (decided 22.04.2025, Aditya Kumar Mohapatra, J.) - Lingaraj Nayak v. State of Odisha and others. Petitioner alleged non-compliance with the earlier order dated 06.03.2023 in W.P.(C) No.6406 of 2023, whereby Opposite Party No.1 was directed to consider and dispose of his representation within six weeks, and sought compliance, finalization of pension and interest @18% per annum. Per Para-wise comments dated 19.04.2025 (Letter No.1442), provisional pension had been sanctioned and received and pension papers were being finalized, subject to information from the Petitioner. The Court disposed of the writ petition at the stage of admission, directing the Opposite Parties to redress the grievance preferably within three months of communication of a certified copy of the order, and directing the Petitioner to cooperate and furnish the required information. The interest prayer was not specifically dealt with and no monetary relief was granted.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.9053 of 2025

¶2

Lingaraj Nayak

¶3

..... Petitioner

¶4

Represented By Adv. - Kishore Kumar Mishra

¶5

-versus-

¶6

State Of Odisha and others

¶7

..... Opposite Parties Mr. J.K. Bal, AGA

¶8

CORAM:

¶9

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

22.04.2025

Order No.

02. 1. This matter is taken up through Hybrid mode.

¶14

Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties. Perused the writ application as well as the documents annexed thereto.

¶15

The Petitioner has filed the present writ application with the following prayer:

¶16

“Therefore, the petitioner most humbly prays that this Hon'ble Court may graciously be pleased to admit this writ application, issue notice to the opposite parties calling upon them to show cause as to why they shall not be directed to comply the order of this Hon'ble Court under annexure-2 forthwith and grant interest @18% per annum from the date of entitlement of the petitioner till the final pension is paid to the petitioner.

¶17

If the Opp. Parties failed to show cause or show in sufficient cause then issue an appropriate writ/writs by directing the Opp.Party

¶18

Page 1 of 3.

¶19

No. 2 and 3 to finalize the pension of the petitioner and grant 18% per annum.

¶20

And pass any other order/orders, direction/directions as this Hon’ble Court deem just and proper in the facts and circumstances of the case.”

¶21

Learned counsel for the Petitioner at the outset contended that being aggrieved by non-compliance of order dated 06.03.2023 passed in W.P.(C) No.6406 of 2023, the Petitioner has approached this Court by filing the present writ petition. He further contended that in the earlier writ petition a specific direction was given to the Opposite Party No.1 to consider and dispose of the representation of the Petitioner within a period of six weeks. Since the representation of the Petitioner has not been disposed of within the aforesaid time as stipulated by this Court, the Petitioner being aggrieved by such inaction of the Opposite Parties has approached this Court again by filing the present writ petition.

¶22

Learned counsel for the State on the other hand contended that he has received the Para-wise comment vide Letter No.1442 dated 19.04.2025 from the Office of the Chief District Agriculture Officer, Jeypore, Koraput. A copy of the Para-wise comment was filed in Court today and the same is taken on record. On perusal of the Parawise comments, it appears that the Opposite Parties have categorically stated that they have taken steps to regularize the past service of the Petitioner. Further, it reveals that in the meantime the Petitioner has been sanctioned with provisional pension and he has received such provisional pension. It further appears that the Opposite Parties are in the process of finalizing the pension papers pertaining to the present Petitioner. On further perusal of the Para-

¶23

Page 2 of 3.

¶24

wise comments, it appears that the Opposite Parties need certain information from the Petitioner to prepare the pension papers and forward the same to the Office of the Accountant General.

¶25

Accordingly, learned counsel for the State submitted that necessary steps are being taken to process the claims of the Petitioner by the Opposite Parties. As such, the present writ petition is premature and accordingly the same should be dismissed.

¶26

Having heard the learned counsels appearing for the respective parties, on a careful analysis of the background facts, further keeping in view the Para-wise comments dated 19.04.2025, this Court deems it proper to dispose of the writ petition at the stage of admission by directing the Opposite Parties to redress the grievance of the Petitioner as expeditiously as possible preferably within a period of three months from the date of communication of a certified copy of today’s order. The Petitioner is also directed to cooperate with the Opposite Parties in the process of preparation of pension papers and to furnish any information which is required to be submitted by the Petitioner before the Opposite Parties in the meantime.

¶27

With the aforesaid observations/directions, the writ application stands disposed of.

¶28

Issue urgent certified copy of this order as per Rules.

¶29

( Aditya Kumar Mohapatra )

¶30

Judge

¶31

S.K. Rout

¶32

Signature Not Verified

¶33

Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Page 3 of 3. Location: High Court of Orissa, C utta ck Date: 23-Apr-2025 18:49:08

Lingaraj Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Lingaraj Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Rahasa Pradhan Vs State of Odisha

Basanta Kumar Panigrahi Vs Odisha Small Industries Corporation Ltd, Cuttack

Krushna Chandra Parida Vs State of Orissa

Sanjay Kumar Bal Vs State of Odisha

Udayanath Sahoo Vs Liquidator, the Urban Cooperative Bank Ltd.(U/L) Co-Housing Complex, Bbsr

Madhusmita Barik Vs State of Odisha