Orissa High Court
WP(C)/31219/2024 of HARIPADA DALAI Vs STATE OF ODISHA on 29 August 2026
of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 31219 of 2024 CNR No.ODHC010883582024 Haripada Dalai ..... Petitioner Mr. S. Pattnaik, Advocate -versus- State of Odisha & Ors. ..... Opposite Parties Mr. P.K. Panda, ASC CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 31219 of 2024
CNR No.ODHC010883582024
Haripada Dalai
.....
Petitioner
Mr. S. Pattnaik, Advocate
-versus-
State of Odisha & Ors.
.....
Opposite Parties
Mr. P.K. Panda, ASC
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
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ORDER
29.08.2026 Order No. 03
1. This matter is taken up through hybrid mode.
2. Heard.
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 be not allowed, Upon showing insufficient cause/ no cause make the said Rule absolute, Issue writ/writs in the nature of Mandamus quash the order No.30949 dt.12.11.2024 of the Opp. Party No.2 under Annexure-14 and direct the Opp. Parties to sanction and disburse the unutilized leave salary of the petitioner keeping in view the decision of the decision of Hon'ble Apex court in the matter of State of Jharkhand Vrs. Jitendra Kumar Srivastava reported in (2014) 2 SCC (L&S) 570 and within a time to be stipulated by Hon'ble Court;
And/or may pass such other writ/ writs, order/ orders, direction/ directions as this Hon'ble Court may think fit and proper for the ends of justice. And for this act of kindness the petitioner as in duty bound shall ever pray.”
4. It is contended that because of the pendency of the vigilance proceeding, Petitioner’s claim to get the benefit of unutilized leave salary has been rejected vide the impugned order dated 16.11.2024 under Annexure-14.
4.1. It is contended that in view of the judgment delivered by this Court in W.P.(C) No.31060 of 2025 & batch on 13.03.2026, the issue is no more res integra and in view of the said judgment, Petitioner is eligible and entitled to get the benefit of unutilized leave salary.
4.2. It is accordingly contended that with quashing of the impugned order, Opp. Party No.1 be directed to release the unutilized leave salary is due and admissible in favour of the Petitioner within a stipulated time period.
5. Learned Addl. Standing Counsel on the other hand contended that Petitioner’s claim has been rightly rejected as vigilance proceeding is pending against him.
6. Having heard learned counsel for the Parties and considering the submission made, this Court taking into account the nature of order passed in W.P.(C) No.31060 of 2025 & batch vide its judgment dated 13.03.2026, is of the view that Petitioner is eligible and entitled to get the benefit of unutilized leave salary.
6.1. In view of the aforesaid analysis, this Court while quashing the impugned order dated 16.11.2024 so passed by Opp. Party No.1 under Annexure-14, directs Opp. Party No.1 to release the unutilized leave salary as due and admissible within a period of four (4) weeks from the date of receipt of this order.
7. Accordingly, the Writ Petition stands disposed of.
(BIRAJA PRASANNA SATAPATHY)
Judge
Jyoti Digitally Signed Signed by: JYOTIPRAVA BHOL Reason: Authentication Location: HIGH COURT OF ORISSA Date: 01-Sep-2026 11:49:01 Signature Not Verified