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IN THE HIGH COURT OF ORISSA AT CUTTACK
M.S. Sahoo, J.
Jabar Khan – Appellant
Versus
State of Odisha & Ors. – Respondents
Writ Petition Civil (OAC) No. 1188 of 2019
Decided On : 19-12-2022
Writ Petition - Revision of Pension - The court considered the transfer of the original application from the Odisha Administrative Tribunal and granted further time to the School and Mass Education Department to file a counter. The petitioner sought leave not to press the matter, and the writ petition was disposed of.
Fact of the Case:
The writ petition was registered before the court after the Original Application was transferred from the Odisha Administrative Tribunal, Cuttack Bench, Cuttack upon its abolition. The petitioner filed a memo seeking leave not to press the matter, which was taken on record, and the writ petition was disposed of.
Finding of the Court:
The court granted further time to the School and Mass Education Department to file a counter and considered the petitioner's request to not press the matter, ultimately disposing of the writ petition.
Issues:
Ratio Decidendi:
Final Decision: The writ petition was disposed of in accordance with the petitioner's request to not press the matter.
JUDGMENT
M.S.Sahoo, J. - When the matter was last taken up on 29.09.2022, after considering in some detail, following order was passed :
'2. The writ petition has been registered before this Court on 01.02.2022 after the Original Application was transferred from the learned Odisha Administrative Tribunal, Cuttack Bench, Cuttack upon its abolition.
3. On perusal of the available order-sheets of the learned Tribunal, it is indicated that notices were issued by the learned Tribunal on 18.07.2019 directing to file counter within four weeks and rejoinder was to be filed within two weeks thereafter.
4. It is submitted by the learned Standing Counsel for the School and Mass Education Department that since the matter has been received on transfer from the learned Tribunal, he may be granted further time to file counter.
5. As prayed for, list on 14.11.2022.
6. Learned counsel for the petitioner shall serve copy of the learned Additional Government Advocate appearing for the opposite party no.5-Controller of Accounts, Odisha, so as to enable him to obtain instruction and file counter, if so advised by the next date.
7. Since the matter relates to revision of pension of a senior citizen, it is expected that the opposite parties shall file their return by the next date.'
2. Learned counsel for the petitioner files a memo dated 19.12.2022 seeking leave not to press the matter. The said memo is taken on record.
Accordingly, the writ petition is disposed of.
The court has the discretion to grant further time for filing a counter and to dispose of a writ petition in accordance with the petitioner's request.
The court emphasized the importance of timely processing pension revision requests, particularly for retired individuals, to avoid undue delay.
Court directs consideration of recommendation for retired teacher's selection grade and pension benefits per G.O.
The eligibility for pension and entitlements must be paid as per applicable statutes, specifically ROPA 2019.
Service matters, including pension disputes, must be addressed before the competent Tribunal as per the Administrative Tribunals Act.
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