Orissa High Court
Dhobanath Sahoo vs ) State Of Odisha ….. Opposite Parties on 5 March, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.21031 of 2023
Dhobanath Sahoo ..... Petitioner
Represented by Adv. -
Gopal Krushna Nanda
-versus-
1) State Of Odisha ..... Opposite Parties
2) Director,secondary Education Represented by Adv. -
3) Controller Of Accounts
4) District Education Officer Mr. D.K. Sahu, AGA
CORAM:
MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
05.03.2026
Order No.
05. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
Additional Government Advocate for the State-Opposite Parties.
Perused the writ petition as well as the documents annexed
thereto.
3. The Petitioner has filed the present writ application with
the following prayer:-
“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 0pp. Parties, particularly 0pp. Party
no.2 and 3 to release pension @ 50% of the last pay
drawn, in accordance with the retirement benefits Rule
1981, otherwise in accordance with law, being the
approved employee of an aided institution as due &
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admissible at the rate of 50% of the last pay drawn in
favour of the petitioner in accordance with Orissa Aided
Educational Institutions Employees Retirement Benefit
Rules 1981 and taking into account the judgment
pronounced by this Hon’ble Court in the case of Sarat
Chandra Parida-V-State of Orissa and others reported
in 2015(11) ILR-CUT-94 and the order dated
21.11.2016 passed by this Court in W.P.(C) No. 15013
of 2016 (Sarat Chandra Pradhan-vrs.-State of Odisha
and others) within a reasonable time to be stipulated by
this Hon’ble Court;
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
pension and other financial benefits in favour of the
petitioner from the date of his retirement in accordance
with provisions of the retirement benefits rules with due
interest on the arrear pension as this Hon’ble High
court deem fit and proper.”
4. The subject matter of this petition is substantially similar
to the one in Hemanta Kumar Chhotray v. State of Odisha &
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.
5. 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
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impediments.
6. 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.
Web copy of order to be acted upon by all concerned.
(Aditya Kumar Mohapatra )
Judge
Sisir
Signature Not Verified
Digitally Signed
Signed by: SISIR KUMAR SETHI
Designation: Personal Assistant
Reason: Authentication
Location: ORISSA HIGH COURT
Date: 05-Mar-2026 17:40:35
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