Orissa High Court
WP(C)/24342/2026 of RAMAHARI NAYAK Vs STATE OF ODISHA on 28 August 2026
HIGH COURT OF ORISSA AT CUTTACK W.P.(C ) No.24342 of 2026 CNR NO. ODHC010472702026 Ramahari Nayak & Others …. Petitioners Mr. K.K. Rath, Adv. -versus- State of Odisha & Others …. Opp. Parties Mr. S.P. Das, ASC Mr. P.K. Panda, Adv. CORAM: THE HON’BLE MR.JUSTICE BIRAJA
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C ) No.24342 of 2026
CNR NO. ODHC010472702026
Ramahari Nayak & Others
….
Petitioners
Mr. K.K. Rath, Adv.
-versus-
State of Odisha & Others
….
Opp. Parties
Mr. S.P. Das, ASC
Mr. P.K. Panda, Adv.
CORAM:
THE HON’BLE MR.JUSTICE BIRAJA PRASANNA SATAPATHY
Order No.
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ORDER
28.08.2026
1.
1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel appearing for the parties.
3. Learned counsel for the Petitioner contended that the present Writ Petition be confined to Petitioner No.1 and liberty be given to file separate Writ Petition in respect of other Petitioners. Such a prayer is allowed.
4. Petitioner has filed the present writ petition inter alia with the following prayer:- Therefore, it is, prayed that this Hon’ble Court be graciously pleased to admit the writ application, call for the record, issue rule NISI calling upon opposite party to show cause as to why the Petitioners shall not be allowed to avail the benefit under OSEB Pension Rule 1992 instead of New Pension Scheme 2005 being the successfully recruitees in 2004 much
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prior to new Pension Scheme came to be existence. Failing to show cause or showing insufficient cause issue the writ of mandamus directing the opp. Parties to govern the petitioners under OSEB Pension Regulation 1992 treating them the employee under the recruitment result published 2004 in the light of the judgment passed by the Hon’ble High Court of Odisha in the case of Anand Dash-Vs. State of Odisha in W.P.(C ) No.15433 of 2012 confirmed by the Hon’ble Apex Court. And Pass any writ(s)/order(s)/direction(s) as deem fit and proper.
5. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a fresh representation before Opp. Party No.3 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of three (3) weeks hence.
6. It is observed that if any such representation is filed within the aforesaid time period, Opp. Party No. 3 shall do well to take a lawful decision on the same within a period of three (3) months from the date of receipt of such representation. The order so passed by Opp. Party No. 3 be communicated to the Petitioner.
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7. With the aforesaid observation and direction, the Writ Petition stands disposed of.
(Biraja Prasanna Satapathy)
Judge sangita Digitally Signed Signed by: SANGITA PATRA Reason: authentication of order Location: high court of orissa, cuttack Date: 31-Aug-2026 19:45:49 Signature Not Verified