Pranati Mohanty Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Pranati Mohanty Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Benefits granted in similar matters (the Hemanta Kumar Chhotray line of cases) extended to the petitioner, subject to the outcome of Writ Appeal No.197 of 2024; Opposite Parties to comply within eight (8) weeks; no opinion expressed on the merits.

Issue for consideration

Whether a writ of mandamus should be issued directing Opposite Parties No.2 and No.3 to sanction and release pension and pensionary benefits to the petitioner w.e.f. 01.12.2025 in terms of Rule-3 of the Orissa Aided Educational Institutions Employees Retirement Benefit Rules, 1981, keeping in view the ratio in Sarat Chandra Parida and the decision in Hemanta Kumar Chhotray.

Court's answer

This Court in a number of similar matters has already ordered extension of the said benefits subject to the outcome of Writ Appeal No.197 of 2024 (there being no interim order staying the learned Single Judge's judgment), and therefore the same course needs to be adopted here also if there are no other legal impediments.

Ratio / Principle

The writ petition is disposed of accordingly, subject to the outcome of the Writ Appeal mentioned above, with compliance within eight (8) weeks, without expressing any opinion on the merits of the matter.

Detailed headnote1 paragraphs

Pension and pensionary benefits — Orissa Aided Educational Institutions Employees Retirement Benefit Rules, 1981, Rule-3 — writ petition seeking mandamus to Opposite Parties No.2 (Director, Secondary Education) and No.3 (District Education Officer, Kendrapara) to sanction and release pension w.e.f. 01.12.2025, relying on Sarat Chandra Parida Vrs. State of Odisha, 2015(II) ILRCUT-94 (stated to have been upheld by the Hon'ble Apex Court in SLP (C) CC NO (s) 761 of 2016, disposed of on 19.01.2016) and Hemanta Kumar Chhotray Vrs State of Odisha & Others, W.P(C) No.17067 of 2023 / 2024 (1) OLR 709. Subject matter held substantially similar to Hemanta Kumar Chhotray; that decision stated to be sub judice in Writ Appeal No.197 of 2024, with no interim order staying the learned Single Judge's judgment. Following the course adopted in a number of similar matters, the writ petition was disposed of extending the said benefits subject to the outcome of the Writ Appeal, with compliance directed within eight (8) weeks, and without expressing any opinion on the merits.

IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.2583 of 2026

Pranati Mohanty

.....

Petitioner

Represented by Adv. - Bijaya Laxmi Sahoo

-versus-

1) State Of Odisha ..... Opposite Parties 2) Director, Secondary Education, Represented by Adv. – Odisha Smt. S. Nayak, ASC 3) District Education Officer, Kendrapara 4) The Accountant General, Odisha 5) The Controller Of Accounts, Odisha

CORAM:

MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

24.02.2026

Order No.

This matter is taken up through Hybrid mode.

Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel appearing for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto.

The present writ petition has been filed by the Petitioner with the following prayers:-

“It is therefore prayed that; your Lordships shall be graciously pleased enough to admit the writ petition and after hearing the parties issue a writ of mandamus directing the Opp. Parties more particularly to the Opp. Party No.2 and 3 to sanction and release the pension and pensionary benefits to the petitioner w.e.f. dtd. 01.12.2025 in terms of Rule-3 of the Orissa Aided Educational

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Institutions Employees Retirement Benefit Rules, 1981 keeping in view of the ratio decided by this Hon'ble Court in case of Sarat Chandra Parida Vrs. State of Odisha, reported in 2015(II) ILRCUT-94 which has been upheld by the Hon'ble Apex Court in SLP (C) CC NO (s) 761 of 2016 disposed of on 19.01.2016 (Sate of Odisha & Others Vrs Sri Sarat Chandra Parida) and so also in the case of Hemant Kumar Chhotray Vrs State of Odisha & Others (W.P(C) No.17067 of 2023 disposed of on 12.01.2024 along with batch of cases where in within a reasonable time to be stipulated by this Hon'ble Court.

Issue any direction/directions, order/ orders, writ/writs which would be deemed fit and proper in the facts and circumstances of the case;”

The subject matter of this petition is substantially similar to the one in Hemanta Kumar Chhotray v. State of Orissa and others , 2024 (1) OLR 709 and therefore, counsel for the Petitioner submits that the benefit given to litigants in the subject case should be extended his client as well.

Learned Additional Standing Counsel appearing for the StateOpposite Parties submits that the said matter is subjudice in Writ Appeal No.197 of 2024. However, on being asked, he tells that there is no interim order staying the judgment of the learned Single Judge. This Court in a number of similar matters has already ordered extension of the said benefits subject to outcome of the Writ Appeal and therefore, the same course needs to be adopted here also, if there are no other legal impediments.

Ordered accordingly, without expressing any opinion on the merits of the matter, the writ petition is disposed of subject to outcome of the writ appeal mentioned above. Compliance within

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eight(8) weeks.

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

( Aditya Kumar Mohapatra ) Judge

Sisir

Signature Not Verified

Digitally Signed Signed by: SISIR KUMAR SETHI Designation: Personal Assistant Reason: Authentication Location: ORISSA HIGH COURT Date: 24-Feb-2026 19:56:54

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