Disposed¶26

Ajaya Kumar Sethy v. State of Odisha

Orissa HC16 Apr 2026WP(C)/5043/2026

Case brief

AI extract

What is this about?

Pension; pensionary benefits; retirement benefits; aided educational institutions employees; Orissa Aided Educational Institutions Employees Retirement Benefit Rules, 1981; Rule 3; writ of mandamus; Sarat Chandra Parida 2015(11) ILR-CUT-94; SLP(C) CC 761 of 2016; Hemant/Hemanta Kumar Chhotray W.P(C) No.17067 of 2023; 2024 (1) OLR 709; Writ Appeal No.197 of 2024; disposal subject to writ appeal outcome; eight-week compliance; benefits effective 01.05.2025; High Court of Orissa at Cuttack; single judge Aditya Kumar Mohapatra; order dated 16.04.2026; WP(C) No.5043 of 2026.

What did the court decide?

Writ petition disposed of with the benefits as ordered in similar matters to be extended to the petitioner, subject to the outcome of Writ Appeal No.197 of 2024; compliance directed within eight (8) weeks. ¶26

Ajaya Kumar Sethy Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to sanction and release of pension and pensionary benefits w.e.f. 01.05.2025 in terms of Rule-3 of the Orissa Aided Educational Institutions Employees Retirement Benefit Rules, 1981, in view of the ratio in Sarat Chandra Parida and the Hemant Kumar Chhotray line of cases. +1 more

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Ratio / Principle

This Court has in a number of similar matters already ordered extension of such benefits subject to the outcome of the Writ Appeal, and the same course is to be adopted here also if there are no other legal impediments.

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Key takeaways

Without expressing any opinion on the merits, the writ petition is disposed of subject to the outcome of the Writ Appeal mentioned above.ratio¶26
Compliance with the order is directed within eight (8) weeks.ratio¶28

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (single Judge, Aditya Kumar Mohapatra), Order dated 16.04.2026 in WP(C) No.5043 of 2026 — Ajaya Kumar Sethy v. State of Odisha & Ors. The petitioner sought a writ of mandamus directing sanction and release of pension and pensionary benefits w.e.f. 01.05.2025 in terms of Rule-3 of the Orissa Aided Educational Institutions Employees Retirement Benefit Rules, 1981, invoking Sarat Chandra Parida (2015(11) ILR-CUT-94, upheld via SLP(C) CC No(s) 761 of 2016 disposed of on 19.01.2016) and Hemant Kumar Chhotray (W.P(C) No.17067 of 2023, disposed of on 12.01.2024; 2024 (1) OLR 709). The subject matter was found substantially similar to the Chhotray case, which is sub judice in Writ Appeal No.197 of 2024 with no interim order staying the Single Judge judgment. The Court, noting that in a number of similar matters it had already ordered extension of such benefits subject to the outcome of the Writ Appeal, disposed of the petition on the same footing — subject to the outcome of Writ Appeal No.197 of 2024, with compliance within eight (8) weeks — without expressing any opinion on the merits.

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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.5043 of 2026

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Ajaya Kumar Sethy

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.....

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Petitioner

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Represented by Adv. - Bijayalaxmi Sahoo

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-versus-

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State of Odisha & Ors.

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..... Opposite Parties

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Represented by Adv. - Mr. U.C.Jena, A.S.C.

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CORAM:

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THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

16.04.2026

Order No.

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

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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.

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

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“ It is therefore prayed that; your Lordships shall

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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. 01.05.2025 in terms of Rule-3 of the Orissa Aided

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Page 1 of 3.

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Educational 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(11) ILR-CUT-94 which has been upheld by the Hon’ble Apex Court in SLP © CCNO (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.

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

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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.

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Learned Additional Standing Counsel appearing for the State-Opposite 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.

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