IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 6185 of 2026 Jagatananda Rout ..... Petitioner Mr. J.K. Panda, Adv.

State of Odisha & Ors. ..... Opposite Parties Mr. S.P. Das, ASC CORAM:

THE HON’BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

08.04.2026 Order No. 02

1. This matter is taken up through hybrid mode.

2. Heard learned counsel appearing for the parties.

3. The present writ petition has been filed inter alia with the following prayer:-

“Under the facts and circumstances as narrated above this Hon’ble Court may graciously be pleaded to issue notice to the Opp. Parties and this court may graciously be please to quash office order No. 4023 dated 09.04.2024, 6034 dated 23.04.2024 and 4986 dated 09.05.2024 vide Annexure-3, 4 and 6 respectively be quashed and direct the Opp. Parties to release the pension, gratuity and other retiral and arrear dues within a stipulated time fixed by this Hon’ble Court and further be pleased to pass other order/orders and pass any other appropriate Writ/Writs and issue direction/directions as this Hon’ble Court deems just and proper in the circumstances of the case.

And for this act of kindness the humble Petitioners as in duty bound shall ever pray.”

4. it is contended that Petitioner after his retirement though was allowed with provisional pension,but because of pendency of the vigilance Proceeding, retiral benefits as due and admissible were not released. However, because of the conviction and sentence of the Petitioner in the aforesaid Vigilance Proceeding in Balasore Vigilance P.S. Case No. 45 dtd. 17.10.2000 vide judgment dt.29.06.2018 under Annexure-1, the impugned communications under Annexures-3,4 & 6 have been issued with a direction to withhold the pensionary benefits including provisional pension and retirement gratuity.

4.1. It is further contended that challenging such conviction and sentence, Petitioner though moved this Court by filling Criminal Appeal No. 514 of 2018 and this Court allowed the Petitioner to go on bail vide order dt.20.07.2018 under Annexure-2, but on the face of the pendency of the appeal, the impugned communications under Annexures-3,4 & 6 have been issued with a direction to withhold the pensionary benefits including provisional pension and gratuity. It is contended that since an appeal has been filed against the order of conviction and sentence, which is sub-judice, no such direction could have been issued under Annexures-3,4 & 6 to withhold the pensionary benefits including provisional pension and the gratuity and the same requires interference of this Court.

5. Mr. S.P. Das, learned Additional Standing Counsel on the other hand contended that since Petitioner has been convicted in the Vigilance Proceeding and in the Appeal so filed, there is no stay, staying the operation of the order of conviction and sentence, no illegality or irregularity can be found with the impugned communications issued under Annexures-3,4 & 6.

6. Having heard learned counsel for the parties and considering the submission made, this Court finds that because of the pendency of the Vigilance proceeding, Petitioner after his retirement was only provided with the provisional pension. The fact which is not disputed, Petitioner after his conviction and sentence though has approached this Court by filling Criminal Appeal No. 514 of 2018, but this Court while admitting the appeal vide Order dtd. 20.07.2018 under Annexure-2, has not stayed the order of conviction and sentence.

6.1. It is the view of this Court that in absence of any order of stay, staying the order of conviction and sentence and in view of the provisions contained under Rules-6 & 7 of the OCS(Pension) Rules, 1992, Petitioner is not eligible and entitled to get any retiral benefits.

6.2. Therefore, this Courts finds no illegality or irregularity with the impugned communications issued on 09.04.2024, 23.04.2024 and 09.05.2024 under Annexures-3,4 & 6 and is not inclined to interfere with the same and dismiss the Writ Petition.

6.3. Howev