Orissa High Court
Rabindra Kumar Panda 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.17432 of 2025
Rabindra Kumar Panda ..... 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 overPage 1 of 5.
and above the amount of arrear 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
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Authorities Act, 1982, who are in
receipt of the 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
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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
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
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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 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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