P. Chandraya Vs State of Odisha

“Under these circumstances the petitioner most humbly prays that this Hon'ble Court be graciously pleased to issue a Rule NISI calling upon the opposite parties to show cause as to why;

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(i) The in-action of the opp. parties in

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releasing the pension and arrear due in favour of the petitioner shall not be declared as arbitrary, illegal, unreasonable and violative of Article-21 of the Constitution of India.

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(ii) The pension and the arrear due with interest in favour of the petitioner shall not be released with immediate effect.

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If the opposite parties fail to show cause or show insufficient cause the Rule be made absolute.”

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It is contended that while continuing under Opp. Party No.2 & 3, the services of the petitioner was regularized w.e.f. 27.11.2004 and he was extended with the benefit of regular pay scale vide order dated 16.11.2015 under Annexure-1. It is further contended that the petitioner while so continuing as a regular employee under Opp. Party Nos.2 & 3, he was allowed to retire on attaining the age of superannuation w.e.f. 30.11.2025. It is contended that even though the petitioner retired w.e.f. 30.11.2025 when his retiral benefit was not released, the present Writ Petition was filed.

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Even though appearance was made on behalf of Opp. Party Nos.2 & 3, but nobody is there when the matter was called.

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Having heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Party No.1 and taking into account the submission made by the learned counsel appearing for the Petitioner, it is found that the petitioner was allowed regular scale w.e.f. 27.11.2004 vide order under

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Annexure-1 and while continuing as such he retired from his service on 30.11.2025. This Court in absence of any counter to the plea taken by the Petitioner, while disposing the writ petition directs Opp. Party Nos.2 & 3 to take effective steps for sanction and release of all the retiral benefits as due and admissible to the petitioner, within a period of three months from the date of receipt of this order, if there is no other legal impediment. Since the order is being passed in the absence of the Opposite Parties Nos.2 & 3, liberty is granted to the Opposite Parties No.2 and 3 to seek variation/modification of this order in the event it is found that the Petitioner has either suppressed any material or mislead this Court in any manner.

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