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Asit Kumar Praharaj v. State of Odisha

Orissa HC5 Mar 2026WP(C)/6571/2026

Case brief

AI extract

What is this about?

Pension and pensionary benefits; aided educational institution employees; Rule-3, Orissa Aided Educational Institutions Employees Retirement Benefit Rules, 1981; mandamus; Sarat Chandra Parida 2015(II) ILRCUT-94; SLP CC 761 of 2016; Hemant/Hemanta Kumar Chhotray; 2024 (1) OLR 709; Writ Appeal No.197 of 2024; disposal subject to writ appeal outcome; compliance within eight weeks; no opinion on merits; Odisha High Court, 05.03.2026.

What did the court decide?

Writ petition disposed of with extension of pension and pensionary benefits as ordered in similar matters, subject to outcome of Writ Appeal No.197 of 2024; compliance within eight (8) weeks. ¶27

Asit Kumar Praharaj Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with extension of pension and pensionary benefits as ordered in similar matters, subject to outcome of Writ Appeal No.197 of 2024; compliance within eight (8) weeks.

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Issue for consideration

Whether the petitioner is entitled to a writ of mandamus directing sanction and release of pension and pensionary benefits w.e.f. 01.02.2026 in terms of Rule-3 of the Orissa Aided Educational Institutions Employees Retirement Benefit Rules, 1981, in view of the cited decisions of this Court upheld by the Apex Court.

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Court's answer

This Court has in a number of similar matters already ordered extension of the said benefits subject to 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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Ratio / Principle

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.

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Key takeaways

Compliance with the order is directed within eight (8) weeks.ratio¶29

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, WP(C) No.6571 of 2026 — Asit Kumar Praharaj v. State of Odisha and others — Aditya Kumar Mohapatra, J. — Order dated 05.03.2026. Petitioner sought a writ of mandamus directing sanction and release of pension and pensionary benefits w.e.f. 01.02.2026 in terms of Rule-3 of the Orissa Aided Educational Institutions Employees Retirement Benefit Rules, 1981, citing Sarat Chandra Parida v. State of Odisha, 2015(II) ILRCUT-94 (stated to have been upheld by the Apex Court in SLP CC NO (s) 761 of 2016, disposed of on 19.01.2016) and Hemant Kumar Chhotray v. State of Odisha & Others, W.P(C) No.17067 of 2023, disposed of on 12.01.2024 with a batch of cases. The subject matter was noted as substantially similar to Hemanta Kumar Chhotray v. State of Orissa and others, 2024 (1) OLR 709. The Additional Standing Counsel submitted that the said matter is sub judice in Writ Appeal No.197 of 2024, with no interim order staying the learned Single Judge's judgment. The Court, adopting the course followed in a number of similar matters, disposed of the writ petition subject to the outcome of that writ appeal, ordering compliance within eight (8) weeks, without expressing any opinion on the merits.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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WP(C) No.6571 of 2026

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Asit Kumar Praharaj

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.....

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Petitioner

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Represented by Adv. - Sushree Sangita Pasayat

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-versus-

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State Of Odisha and others

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.....

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Opposite Parties

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Smt. S. Nayak, ASC

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CORAM:

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THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

05.03.2026

Order No.

1. This matter is taken up through Hybrid 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 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. 01.02.2026 in

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Page 1 of 3.

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terms of Rule-3 of the Orissa Aided 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(II) ILRCUT-94 which has been upheld by the Hon'ble Apex Court in SLP CC NO (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 StateOpposite 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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