Dr. Sarat Chandra Gountia Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Dr. Sarat Chandra Gountia Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal allowed in part; impugned Single Judge order kept intact; superadded direction to pay interest at 12% per annum on the delayed payment of pension; regular pension along with the interest component to be settled and paid within an outer limit of three months, failing which Rs.100/- per day for the first month and Rs.200/- per day for the days next following, recoverable personally from erring officials of the department; costs reluctantly made easy.

Issue for consideration

Whether interest ought to be awarded on delayed payment of pension where no fault is attributable to the pensioner (appellant), notwithstanding the respondents' contention that the appellant was unauthorizedly absent from November, 2005 till November, 2015.

Court's answer

Given the learned Single Judge's specific finding (Paragraphs 7, 8 & 9) that there is no culpable unauthorized absence of the Appellant and that any culpa is attributable to the authorities, the right to interest accrues on the delayed payment of pension, there being no extraordinary circumstances for denying it, as per M. Padmanavn Nair (supra).

Ratio / Principle

The Appeal is allowed in part with the impugned Single Judge's order kept intact, and a superadded direction is issued to pay interest at the rate of 12% per annum on the delayed payment of pension.

Detailed headnote1 paragraphs

Intra-Court Appeal (WA No.3253 of 2024, High Court of Orissa at Cuttack; bench of Dixit Krishna Shripad and Chittaranjan Dash, JJ.; order dated 19.01.2026) against a learned Single Judge's order dated 25.09.2024 in W.P(C) (OAS) No.32 of 2018, which had directed release of the appellant Dr. Sarat Chandra Gountia's pension and pensionary benefits (service computed up to 10th November, 2005, in terms of OCS (Pension) Rules, 1992) within four months but denied interest on the delayed payment. The respondents contended the appellant was unauthorizedly absent from November, 2005 to November, 2015, so no fault lay with the authorities. Holding that the Single Judge had specifically found (Paragraphs 7, 8 & 9) no culpable unauthorized absence by the appellant and that any culpa was attributable to the authorities, and relying on M. Padmanavn Nair v. State of Kerla, AIR 1985 SC 356, the Court held that the right to interest accrues on delayed payment of pension absent extraordinary circumstances. Appeal allowed in part with the impugned order kept intact: interest at 12% per annum superadded on the delayed pension; regular pension with interest payable within three months, failing which Rs.100/- per day for the first month and Rs.200/- per day thereafter, recoverable personally from erring officials; costs reluctantly made easy.

IN THE HIGH COURT OF ORISSA AT CUTTACK

WA No.3253 of 2024

Dr. Sarat Chandra …. Appellant Gountia Represented by Adv.Mr. S.K. Purohit, Adv. -versus- State of Odisha & Ors. …. Respondents Represented by Adv.Mr. S.K.Jee, AGA Mr. P.V. Balakrishna, Adv. for O.P. No.4

CORAM:

JUSTICE DIXIT KRISHNA SHRIPAD JUSTICE CHITTARANJAN DASH

ORDER 19.01.2026

Order No. 05.

This Intra-Court Appeal by the Appellant seeks to lay a challenge to a learned Single Judge’s order dated 25.09.2024 entered in W.P(C) (OAS) No.32 of 2018, whereby the relief has been accorded to him in the following words:

“In the result, the Opposite Parties are directed to release the pension and pensionary benefits in favour of the Petitioner computing his period of service up to 10^th November, 2005, in accordance with law and in terms of OCS (Pension) Rules, 1992 and release the same within a period of four months from the date of receipt of certified copy of this order.”

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Learned counsel for the Appellant urges a single point to the effect that, when there is a delayed pension, no fault being attributable to his client, the interest ought to have been awarded by the Respondents in terms of Apex Court decision in M. Padmanavn Nair v. State of Kerla , AIR 1985 SC 356.

Learned AGA Mr. Jee, on request, appearing for the Opposite Parties vehemently resists the Intra-Court Appeal on contending that the Appellant was unauthorizedly absent during the period between November, 2005 till November, 2015 and therefore, there laying no fault on the part of the authorities and the fault being led at the threshold of the Appellant himself, learned Single Judge is more than justified in denying the interest. So contending, he seeks dismissal of the Appeal.

Having heard learned counsel for the parties and having perused the appeal papers, this Court is inclined to grant a limited indulgence in the matter, inasmuch as there is a specific finding by the learned Single Judge at Paragraphs 7,8 & 9 to the large effect that there is no finding as to the culpable unauthorized absence of the Appellant and that any culpa is attributable to the authorities. If that finding is recorded, then right to interest accrues on the delayed payment of pension vide M. Padmanavn Nair supra, there being no extra ordinary circumstances for denying the same.

In the above circumstances, this Appeal is allowed in part the impugned order of the learned Single Judge having been kept intact, a direction to pay interest at the rate of 12% per annum on the delayed payment of pension, as a superadded direction. It hardly needs to be stated that regular pension along with the interest component have to be settled and paid to the Appellant herein within an outer limit of three months,

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failing which the same will carry Rs.100/- per day for the first month and Rs.200/- for the days next following to be paid to the Appellant and this component may be recovered from erring officials of the department personally.

Costs reluctantly made easy.

(Dixit Krishna Shripad) Judge

(Chittaranjan Dash) Judge

Prasant

Signature Not Verified

Digitally Signed Signed by: PRASANT KUMAR SAHOO Designation: Personal Assistant Reason: Authentication Location: Orissa Hgih Court Date: 20-Jan-2026 13:46:18

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