Disposed¶25

Prakash Kumar Rath v. State of Odisha

Orissa HC11 Mar 2026WP(C)/6952/2026

Case brief

AI extract

What is this about?

Odisha HC, Cuttack; WP(C) No.6952 of 2026; order dated 11.03.2026; Justice Aditya Kumar Mohapatra; Prakash Kumar Rath v. State of Odisha & Ors.; writ of mandamus; release of pension and retiral benefits; judgment in rem dated 12.01.2024; W.P.(C) No.17067/2023 Hemanta Chhotray; W.P.(C) No.7580/2014 batch; 2024 (1) OLR 709; sub judice in Writ Appeal No.197 of 2024; no interim stay order; benefits extended subject to writ appeal outcome; petition disposed without opinion on merits; compliance within eight weeks.

What did the court decide?

Release of pension and other retiral benefits in favour of the Petitioner following the judgment in rem dated 12.01.2024 (W.P.(C) No.17067/2023 Hemanta Chhotray and W.P.(C) No.7580/2014 batch), subject to outcome of Writ Appeal No.197 of 2024, with compliance within eight (8) weeks. ¶25

Prakash Kumar Rath 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 release of pension and other retiral benefits following the judgment in rem dated 12.01.2024 passed in W.P.(C) No.17067/2023 (Hemanta Chhotray) and W.P.(C) No.7580/2014 and a batch of cases of the Hon'ble High Court, Orissa. +1 more

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Court's answer

Without expressing any opinion on the merits, the writ petition is disposed of subject to outcome of Writ Appeal No.197 of 2024, with compliance (release of pension and retiral benefits following the judgment in rem) directed within eight (8) weeks.

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Ratio / Principle

Consistent with its course in a number of similar matters, and since there is no interim order staying the Single Judge judgment, the Court adopted the same course here — extension of the said benefits subject to outcome of the Writ Appeal — there being no other legal impediments.

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Detailed headnote1 paragraphs

ORISSA HIGH COURT (Cuttack) — WP(C) No.6952 of 2026, order dated 11.03.2026, A.K. Mohapatra, J. Prakash Kumar Rath v. State of Odisha & Ors. The Petitioner sought a writ of mandamus directing release of pension and other retiral benefits following the judgment in rem dated 12.01.2024 passed in W.P.(C) No.17067/2023 (Hemanta Chhotray) and W.P.(C) No.7580/2014 and a batch of cases of the Hon'ble High Court, Orissa (reported at 2024 (1) OLR 709). The Additional Standing Counsel informed the Court that the said matter is sub judice in Writ Appeal No.197 of 2024 but that there is no interim order staying the judgment of the learned Single Judge. Noting that in a number of similar matters the Court had already ordered extension of the said benefits subject to outcome of the Writ Appeal, and finding no other legal impediment, the Court disposed of the writ petition on the same course — subject to the outcome of the writ appeal — directing compliance within eight (8) weeks, expressly without expressing any opinion on the merits of the matter.

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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.6952 of 2026

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Prakash Kumar Rath

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.....

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Petitioner

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Represented by Adv. - Mahendra Kumar 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. – U.C. Jena, A.S.C.

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CORAM:

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THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

11.03.2026

Order No.

1. 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 for the State. Perused the writ petition as well as the documents annexed thereto.

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By filing the present writ application the Petitioner has made the following prayer:-

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“Under the above facts and circumstances of

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the case, it is humbly prayed that this Hon'ble Court may graciously be pleased to allow this writ application by granting following relief:

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(A) Writ of mandamus be issued directing the Opp. Parties to release pension and other retiral benefits in favour of the petitioner following the judgment in rem dtd. 12.01.2024 passed in W.P.(C) No.17067/2023 Hemanta Chhotray and W.P.(C) No.7580/2014 and a batch of cases of the Hon'ble High Court, Orissa within a stipulated time.

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Page 1 of 2.

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(B) Or in alternative, in the interest of justice & equity, any other appropriate Writ(s), direction(s), order(s) be passed so as to give complete relief to the petitioner.”

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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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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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( A.K. Mohapatra) Judge

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Anil

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Page 2 of 2.

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Signature Not Verified

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Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 11-Mar-2026 18:18:12

Prakash Kumar Rath v. State of Odisha

Case brief

What is this about?

What did the court decide?

Prakash Kumar Rath v. State of Odisha

Case brief

What is this about?

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