Orissa High Court
Sridhar Parida vs State Of Odisha And Others ….. … on 2 July, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.17449 of 2025
Sridhar Parida ..... Petitioner
Represented By Adv. -
M/s. Prabin Das,
P.Harichandan,
S.Priyadarsan, P. Mohanty,
S. Mishra, K.Banerjee,
S.Dash, T.S.Das
-versus-
State of Odisha and others ..... Opposite Parties
Represented By Adv. -
Mr. S.K. Parhi, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
02.07.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. 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.
3. The present writ petition has been filed by the Petitioner with the
following prayers:-
“It is, therefore, prayed that this Hon’ble Court
may graciously be pleased to admit the Writ Petition
and issue RULE NISI, thereby calling upon the opposite
parties, to show cause as to why the petitioner shall not
be granted with the retiral benefits including pension to
be paid regularly and will not be further directed to pay
interest at such rate as this Hon’ble Court may deem fit
and proper over and above the amount of arrearPage 1 of 5.
pension, to be paid within a stipulated time and on their
failure to show cause or showing insufficient cause, to
make the said RULE absolute, by directing the opposite
parties, to pay the pension to the petitioner and release
the arrear pension within a stipulated time along with
interest @ 12 % from the date when such amount fell
due till the date of disbursement thereof and may also
be pleased to pass such other or further
order(s)/direction(s), as may be found just and proper
in the facts and circumstances of the case.”
4. Learned counsel for the Petitioner, at the outset, contended that
initially the Petitioner was appointed as an employee under the Cuttack
Development Authority prior to 01.01.2005. He further contended that
the Petitioner is entitled to get pensionary benefits. However, the
Cuttack Development Authority introduced a rule, namely, Odisha
Development Authorities (Retirement Benefit of the Employees) Rules,
2015 w.e.f. 11.08.2015. The vires of the aforesaid rule was assailed
before the Division Bench of this Court in W.P(C) No.18559 of 2015.
The Hon’ble Division Bench vide judgment dated 04.12.2023 declared
the aforesaid rule to be ultra vires and in Paragraph-81 of the judgment
laid down a detailed guideline with regard to the employees of the
Cuttack Development Authority. For better appreciation, such
guideline is extracted herein below:-
“81. In view of the discussions, as above, the Odisha
Development Authorities (Retirement Benefit of the
Employees) Rules, 2015 under Annexure-6 to the writ
petition is hereby declared ultra vires to the provisions
contained in the Odisha Development Authorities Act,
1982 as well as Articles 14 & 16 of the Constitution of
India, 1950 and as a logical corollary, the following
consequences ensue:
i. Employees working under any
Development Authority constituted under
the Odisha Development Authorities Act,
1982, who are in receipt of the
Page 2 of 5.
pensionary benefit at par with their
counterparts in State Government cannot
be affected by any subsequent Rule; and
ii. In the light of the judgment in the case of
Shri Ananda Dash (supra), the
employees, who had joined in service
prior to 17.09.2005, i.e. the date of
notification of the amendment in Sub-
Rule (4) of Rule (3) of the Odisha Civil
Services (Pension) Rules, 1992, are to get
their retiral benefits at par with their
counter parts in the Government
inasmuch as they cannot be equated with
the employees working in an industry or
factory establishment in view of the ratio
of the decision of the co-ordinate Bench
in the case of Cuttack. Development
Authority Vs. Regional Provident
Fund Commissioner (Supra) and
Employees Provident Fund
Organization Vs. Raipur Development
Authority (Supra).
iii. Employees working under any
Development Authority, who have joined
after 17.09.2005, would be entitled to the
benefits under the new structured defined
contribution pension scheme as
applicable to their counterparts in the
State Government in terms of the Odisha
Civil Services (Pension) Rules, 1992.
Accordingly, it is held that the petitioner, being an
employee appointed prior to 01.01.2005, is entitled
to get pension, as is being availed by the similarly
situated employees under the State Government.
Let the retrial benefits be disbursed in favour of the
petitioner, who is stated to have been retired on
superannuation during the pendency of the writ
petition, in accordance with law, within a period of
the three months from the date of receipt of the
copy of judgment.”
5. Learned counsel for the Petitioner, at this juncture, contended
Page 3 of 5.
that the judgment of the Division Bench of this Court was assailed
before the Hon’ble Supreme Court by the Cuttack Development
Authority by filing SLP(C) Diary No.30536 of 2024. Learned counsel
for the Petitioner further submitted that the aforesaid SLP has already
been disposed of in the meantime and the judgment of the Hon’ble
Division Bench has been affirmed by the Hon’ble Supreme Court. She
further contended that in the meantime the Petitioner approached the
Opposite Party No.4-Cuttack Development Authority for grant of
pensionary benefit. However, the Opposite Party No.4 has intimated
the Petitioner that since he is not the Petitioner before this Court in
W.P.(C) No.18559 of 2015, he is not entitled the benefits accruing to
the Petitioner in that case pursuant to the judgment dated 04.12.2023.
6. Taking into consideration the submissions made by the learned
counsels appearing for the respective parties and on a careful analysis
of the legal position, further on a close scrutiny of the judgment dated
04.12.2023, it appears that the Division Bench of this Court has already
held the Odisha Development Authorities (Retirement Benefit of the
Employees) Rules, 2015 to be ultra vires and the direction in
Paragraph-81 of the said judgment, which has been quoted
hereinabove, applies to all the employees of the Cuttack Development
Authority.
7. In such view of the matter, this present writ petition is being
disposed of by granting liberty to the Petitioner to approach the
Opposite Party No.4 by filing a detailed representation taking therein
all the grounds along with a certified copy of this order within three
weeks from today. In such eventuality, the Opposite Party No.4 shall
consider the case of the Petitioner in the light of the direction given by
the Hon’ble Division Bench in Paragraph-81 of the judgment dated
Page 4 of 5.
04.12.2023 passed in W.P.(C) No.18559 of 2015 and the representation
of the Petitioner be disposed of by passing a speaking and reasoned
order within a period of three months from the date the Petitioner
approaches the Opposite Party No.4. The final order so passed on the
representation of the Petitioner shall be communicated to the Petitioner
within a week thereafter.
8. Since the order is passed in the absence of the contesting
Opposite Party No.4, liberty is given to the Opposite Party No.4 to seek
modification/alteration of the order in the event any material
information is suppressed by the Petitioner.
9. With the aforesaid observation and direction, the writ petition is
disposed of.
( A.K. Mohapatra )
Judge
Debasis
Signature Not Verified
Digitally Signed
Signed by: DEBASIS AECH
Reason: Authentication
Location: ORISSA HIGH COURT
Date: 03-Jul-2025 11:01:28
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