Dr. Kumarmani Nayak Vs State of Odisha

Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties. Perused the writ petition as well as the documents annexed to the writ petition.

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By filing the present writ petition, the Petitioner has sought for the following reliefs:-

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“Under the circumstance, it is therefore humbly prayed that, this Hon'ble court may graciously be pleased to allow the writ petition and a writ in the nature of mandamus may be issued directing the Opp. parties to sanction and release the pension and other pensionary benefits of the petitioner within a short stipulated period;

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Page 1 of 4.

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And any other further order as would deem fit and proper be also passed.”

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Learned counsel for the Petitioner, at the outset, contended that the Petitioner, who was working as a Reader in History, has retired from service on attaining the age of superannuation w.e.f. 30.04.2023. He further submitted that after his retirement, the Petitioner has been sanctioned and disbursed with the provisional pension. The sole grievance of the Petitioner in the present writ petition is that although he has retired from service since last two years, however, he is not getting the final pensionary benefits as well as gratuity.

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In course of hearing, learned counsel for the Petitioner referred to the documents annexed to the writ petition and stated before this Court that the Pension Sanctioning Authority (PSA) has already recommended the case of the Petitioner to the Controller of Accounts, Odisha, Bhubaneswar for grant fo final pension and gratuity. However, an objection was raised to such sanction by the Controller of Accounts, Odisha vide letter dated 22.04.2024 under Annexure-3 to the writ petition. He further contended that such objection raised by the Controller of Accounts, Odisha has been adequately met by the Deputy Director, Department of Higher Education, Government of Odisha vide his letter dated 10.06.2024. Despite such objection having been duly complied by the Deputy Director, Department of Higher Education, Government of Odisha and further the recommendation having been reiterated by the competent

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Page 2 of 4.

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authority of Government of Odisha; the Controller of Accounts has not taken any tangible steps to ensure that the Petitioner gets his financial benefits as is due and admissible to him as per law. Being aggrieved by such inaction of the Opposite Parties, the Petitioner has approached this Court by filing the present writ petition.

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Learned counsel for the State, on the other hand, contended that she has no specific instruction in the matter. However, referring to the letter dated 10.06.2024 at Annexure-4, she further submitted that from such letter, it appears that the matter is still pending before the Controller of Accounts for taking a final decision. In such view of the matter, learned counsel for the State contended that in the event this Court directs the Opposite Party No.3-Controller of Accounts, Odisha, Bhubaneswar to take a final decision on the request of the Deputy Director, Department of Higher Education, Government of Odisha vide letter dated 10.06.2024 at Annexure-4 within a stipulated period of time and strictly in accordance with law, she will have no objection to the same.

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Having regard to the submissions made by the learned counsels appearing for both the sides, on a careful examination of the background facts and upon a careful consideration of their submission, this Court deems it proper to dispose of the writ petition at the stage of admission by directing the Opposite Party No.3-Controller of Accounts, Odisha, Bhubaneswar to redress the grievance of the Petitioner by taking into consideration the

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letter dated 10.06.2024 at Annexure-4 within a period of eight weeks from the date of communication of a copy of this order. It is further directed that in the event it is found that there is no other legal impediment, then necessary consequential steps be taken to ensure that the final pensionary benefits and gratuity be sanctioned and disbursed in favour of the Petitioner within four weeks thereafter.

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