S.K.PANIGRAHI
Kedara Chandra Samal – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
Dr. S.K. Panigrahi, J.
1. The petitioner has filed this Writ Petition seeking a direction to be issued to the Opp. parties to pay the revised gratuity to an amount of about Rs.3,46,995/-. He has additionally prayed for a direction to be issued to the Opp. parties to pay the interest at the rate of 8.5% for such intentional delayed payment of gratuity as per Rule 49 (5) of Odisha Civil Services (Pension) Rules, 1992 from the date of actual entitlement till actual payment.
2. Shorn of unnecessary details, the factual matrix of the case in brief is that the petitioner while working as District Welfare Officer at Kandhamal, retired from service w.e.f. 31.01.2007 on attaining age of superannuation. After retirement pension payment order was issued bearing No.367366. After 6 months of retirement, proceeding was initiated against the petitioner vide memorandum dated 25.06.2007 under Rule-15 of OCS (CC&A) Rules, 1962 read with Rule-7 of OCS (Pension), Rules, 1992. The petitioner was directed to file his written statement of defence within 30 days from the date of receipt of the memorandum of charges. Accordingly, the petitioner submitted his written statement of defence on 12.08.20
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