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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Biswanath Mahanta – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. introduction to the case and basic facts. (Para 1 , 2 , 3) |
| 2. arguments regarding the withholding of retirement benefits. (Para 4) |
| 3. precedent case supports entitlement to benefits. (Para 5) |
| 4. judicial proceedings definition and effect on benefits. (Para 6) |
| 5. respondent's arguments about the active proceedings. (Para 7) |
| 6. court's determination on eligibility for benefits. (Para 8) |
| 7. conclusion and disposal of the writ petition. (Para 9) |
JUDGMENT :
BIRAJA PRASANNA SATAPATHY, J.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel appearing for the Parties.
3. The present Writ Petition has been filed inter alia with the following prayer:-
“It is, therefore, most humbly prayed that this Hon'ble Court may graciously be pleased Admit the writ application, to issue rule Nisi calling upon the opposite parties to show cause as to why the prayers made hereunder shall not to be allowed, upon showing insufficient cause/ no cause make the said Rule absolute, Issue writ/writs in the nature of mandamus directing the opposite parties to sanction and release the regular pension, gratuity, unutilized leave salary, commuted valued of pen
Government employees are entitled to pension and retirement benefits if no departmental or judicial proceedings are pending at the time of retirement, in accordance with the prescribed rules.
Pensionary benefits can only be withheld if a charge sheet has been filed and cognizance taken in a criminal case; mere allegations without formal proceedings do not justify withholding such benefits....
Pensionary benefits are a fundamental right and cannot be withheld due to pending investigations without statutory backing, affirming they cannot be treated as discretionary payments.
Pension is a fundamental right and property under Article 300A, and cannot be withheld without statutory authority, regardless of pending vigilance proceedings.
Pension is a property right that cannot be withheld without lawful authority; withholding based on proceedings initiated post-retirement is unlawful, and interest must be paid for delays in disbursem....
Retiral benefits cannot be withheld based solely on the registration of FIRs without a challan being presented at the time of retirement.
The court emphasized the importance of conducting departmental proceedings in accordance with the principle of natural justice and directed payment of provisional pension to the petitioner.
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