Disposed¶27

Geetarani Dash @ Dixit v. State of Odisha

Orissa HC5 Mar 2026WP(C)/6358/2026

Case brief

AI extract

What is this about?

Single-Judge order (Justice Aditya Kumar Mohapatra, dated 05.03.2026) disposing of WP(C) No.6358 of 2026, Geetarani Dash @ Dixit v. State of Odisha & Ors. Keywords: family pension; death-cum-retirement gratuity; widow; approved employee; aided educational institution; Orissa Aided Educational Institutions Employees Retirement Benefit Rules 1981; Hemanta Kumar Chhotray 2024 (1) OLR 709; Writ Appeal No.197 of 2024; Sarat Chandra Parida 2015 ILLE-CUT-94; W.P.(C) No. 17067/2023; disposal subject to pending writ appeal; compliance within eight weeks; no opinion on merits.

What did the court decide?

Extension to the petitioner of the family pension and death-cum-retirement gratuity benefits granted in similar matters, subject to the outcome of Writ Appeal No.197 of 2024; compliance directed within eight (8) weeks; no opinion expressed on the merits.

Geetarani Dash @ Dixit 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, being the widow of an approved employee of an aided educational institution, is entitled to release of family pension and death-cum-retirement gratuity in accordance with the Orissa Aided Educational Institutions Employees Retirement Benefit Rules 1981. +1 more

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Ratio / Principle

Since there was no interim order staying the learned Single Judge's judgment in the pending Writ Appeal No.197 of 2024 and no other legal impediment, the same course as adopted in a number of similar matters — extension of the said benefits subject to the outcome of the Writ Appeal — was ordered to be adopted for the petitioner as well.

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Key takeaways

The writ petition is disposed of subject to the outcome of Writ Appeal No.197 of 2024, without expressing any opinion on the merits of the matter, with compliance directed within eight (8) weeks.ratio¶27

Detailed headnote1 paragraphs

Writ petition by the widow of an approved employee of an aided educational institution seeking release of family pension and death-cum-retirement gratuity under the Orissa Aided Educational Institutions Employees Retirement Benefit Rules 1981 (invoking Sarat Chandra Parida v. State of Odisha, 2015 (II) ILLE-CUT-94, and the judgment dated 12.01.2024 in W.P.(C) No. 17067/2023) was disposed of by the High Court of Orissa subject to the outcome of Writ Appeal No.197 of 2024 preferred against the cognate judgment in Hemanta Kumar Chhotray v. State of Orissa, 2024 (1) OLR 709. As there was no interim order staying the learned Single Judge's judgment, the Court extended the benefits granted in similar matters to the petitioner also, expressly without expressing any opinion on the merits, and directed compliance within eight (8) weeks.

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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.6358 of 2026

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Geetarani Dash @ Dixit

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.....

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Petitioner

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Represented by Adv. - Sanjib Kumar Rath

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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

05.03.2026

Order No.

01.

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 Petitioner has filed the present writ application with the following prayer:

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“Under the above facts and circumstances of the case, it is humbly prayed that this Hon'ble Court may graciously be pleased to issue writ of mandamus/certiorari or any other appropriate writ be issued directing the Opp. Parties, particularly O.P No.2 and 3 to release family pension and death cum retirement gratuity in favour of the petitioner, in accordance with the retirement benefits

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Page 1 of 3.

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Rule 1981, otherwise in accordance with law, being the widow of an approved employee of an aided institution as due & admissible in accordance with Orissa Aided Educational Institutions Employees Retirement Benefit Rules 1981 and taking into account the ratio decided in the judgment pronounced by this Hon'ble Court in the case of Sarat Chandra Parida-Vrs-State of Odisha and others reported in 2015(ll)lLE-CUT-94 and judgment dtd. 12.01.2024 passed in W.P.(C) No. 17067/2023within a reasonable time to be stipulated by this Hon'ble Court;

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Or in alternative, in the interest of justice & equity, any other appropriate Writ(s), direction(s), order(s) be passed, directing the Opp. Parties to release family pension and death-cum-retirement gratuity in favour of the petitioner from the date of death of her husband in accordance with provisions of the retirement benefits rules with due interest on the arrear as this Hon'ble High court deem fit and proper.”

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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 the 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 extensions of the said benefits subject to outcome of the

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Page 2 of 3.

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Writ Appeal and therefore, the same course needs to be adopted here also, if there are no other legal impediments.

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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 eight (8) weeks.

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

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(Aditya Kumar Mohapatra) Judge

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Rubi

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Page 3 of 3.

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Signature Not Verified

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Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: OHC Date: 09-Mar-2026 11:23:53

Geetarani Dash @ Dixit v. State of Odisha

Case brief

What is this about?

What did the court decide?

Geetarani Dash @ Dixit v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

Parties & counsel

Coram

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