Brajagopal Das Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Brajagopal Das Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of on the same course as earlier similar matters: sanction and release of pension and pensionary benefits to the petitioner (per Rule-3 of the 1981 Rules, w.e.f. 01.05.2025 as prayed), subject to outcome of Writ Appeal No.197 of 2024; compliance within eight (8) weeks; no opinion expressed on merits.

Issue for consideration

Whether the Opposite Parties (particularly Opposite Party Nos. 2 and 3) should sanction and release pension and pensionary benefits to the petitioner w.e.f. 01.05.2025 in terms of Rule-3 of the Orissa Aided Educational Institutions Employees Retirement Benefit Rules, 1981, extending to him the benefit already given to litigants in the substantially similar Hemanta Kumar Chhotray case, notwithstanding that matter being pending in Writ Appeal No.197 of 2024.

Court's answer

Since this Court has in a number of similar matters already ordered extension of the said pension benefits (subject to outcome of the pending Writ Appeal), the same course is to be adopted in this petition also, provided there are no other legal impediments.

Ratio / Principle

Without expressing any opinion on the merits of the matter, the writ petition is disposed of subject to the outcome of Writ Appeal No.197 of 2024.

Key takeaways

Compliance with the direction to extend the benefits is to occur within eight (8) weeks.ratio¶27

Detailed headnote1 paragraphs

Brajagopal Das sought a writ of mandamus directing Opposite Party Nos. 2 and 3 to sanction and release 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 19.01.2016) and Hemant Kumar Chhotray (W.P(C) No.17067 of 2023, disposed 12.01.2024). Noting the subject matter is substantially similar to Hemanta Kumar Chhotray, 2024 (1) OLR 709, and that although that matter is sub judice in Writ Appeal No.197 of 2024 there is no interim stay of the Single Judge's judgment, Aditya Kumar Mohapatra, J., adopted the course followed in earlier similar matters: the petition was disposed of, benefits to be extended subject to the outcome of the Writ Appeal, compliance within eight (8) weeks, without expressing any opinion on the merits.

IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.5046 of 2026

Brajagopal Das

.....

Petitioner

Represented by Adv. - Sushree Sangita Pasayat

-versus-

State of Odisha & Ors.

..... Opposite Parties

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

CORAM:

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).

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

Page 1 of 3.

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.

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 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.

Ordered accordingly, without expressing any opinion on the merits of the matter, the writ petition is disposed of subject to

Page 2 of 3.

outcome of the writ appeal mentioned above. Compliance within eight(8) weeks.

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

(Aditya Kumar Mohapatra) Judge

Rubi

Signature Not Verified

Page 3 of 3.

Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: OHC Date: 17-Apr-2026 12:09:26