Debasis Kar v. State of Odisha

Orissa HC23 Mar 2026WP(C)/8551/2026

Case brief

AI extract

What is this about?

Odisha High Court single-Judge order; pension and pensionary benefits of aided educational institution employee; mandamus; Rule-3, Orissa Aided Educational Institutions Employees Retirement Benefit Rules, 1981; relief patterned on Hemanta Kumar Chhotray v. State of Orissa, 2024 (1) OLR 709 and Sarat Chandra Parida, 2015(II) ILR-CUT-94 (SLP (C) CC No(s) 761 of 2016); Writ Appeal No.197 of 2024 pending with no interim stay; benefits extended subject to appeal outcome; compliance within eight weeks; no opinion expressed on merits.

What did the court decide?

Extension to the petitioner of the pension and pensionary benefits granted in similar matters (patterned on Hemanta Kumar Chhotray, 2024 (1) OLR 709), subject to the outcome of Writ Appeal No.197 of 2024, with compliance within eight (8) weeks; merits left undecided. ¶¶23

Debasis Kar 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 sanction and release of pension and pensionary benefits w.e.f. 01.06.2025 under Rule-3 of the Orissa Aided Educational Institutions Employees Retirement Benefit Rules, 1981, in terms of the ratio in Sarat Chandra Parida and Hemant Kumar Chhotray. +1 more

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Ratio / Principle

Since this Court in a number of similar matters has already ordered extension of the said benefits subject to the outcome of the Writ Appeal, and there is no interim order staying the Single Judge's judgment in Writ Appeal No.197 of 2024, the same course needed to be adopted here also, absent other legal impediments.

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Key takeaways

The writ petition is disposed of subject to the outcome of Writ Appeal No.197 of 2024, expressly without expressing any opinion on the merits, with compliance directed within eight (8) weeks; no ratio on the petitioner's entitlement under Rule-3 was laid down by this order.ratio¶¶23

Detailed headnote1 paragraphs

Writ petition (W.P.(C) No.8551 of 2026, High Court of Orissa at Cuttack, A.K. Mohapatra, J., order dated 23.03.2026) by Debasis Kar seeking a writ of mandamus to sanction and release pension and pensionary benefits w.e.f. 01.06.2025 in terms of Rule-3 of the Orissa Aided Educational Institutions Employees Retirement Benefit Rules, 1981, invoking Sarat Chandra Parida Vrs. State of Odisha, 2015(II) ILR-CUT-94 (upheld by the Apex Court in SLP (C) CC No(s) 761 of 2016, disposed of on 19.01.2016) and Hemant Kumar Chhotray (W.P.(C) No.17067 of 2023, disposed of on 12.01.2024). Finding the subject matter substantially similar to Hemanta Kumar Chhotray v. State of Orissa and others, 2024 (1) OLR 709, which is sub judice in Writ Appeal No.197 of 2024 with no interim order staying the learned Single Judge's judgment, and following the Court's established practice in similar matters, the Court disposed of the petition by extending the said benefits subject to the outcome of the Writ Appeal, directing 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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W.P.(C) No.8551 of 2026

Debasis Kar

.....

Petitioner

Represented by Adv. – Ms. Sushree Sangita Pasayat

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-versus-

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State of Odisha and others ..... Opposite Parties

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Represented by Adv. – Mr. D.K. Sahoo, AGA

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CORAM:

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THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER

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23.03.2026

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Order No.

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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 counsel 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. 01.06.2025 in 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) ILR-CUT-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

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Page 1 of 1 .

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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.l7067 of 2023 disposed of on 12.01.2024 along with batch of cases wherein 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 her 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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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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Signature Not Verified

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Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Debasis Location: ORISSA HIGH COURT Date: 25-Mar-2026 13:53:22

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( A.K. Mohapatra) Judge

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Debasis Kar v. State of Odisha

Case brief

What is this about?

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Debasis Kar v. State of Odisha

Case brief

What is this about?

What did the court decide?

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