Orissa High Court

WP(C)/9158/2010 of ANANDA CH.MALLICK Vs ORISSA LIFT IRRIGN. on 27 August 2026

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HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.9158 of 2010 CNR No.ODHC010037842010 Ananda Ch. Mallick …. Petitioner Mr. P.K. Mohapatra, Advocate -versus- Orissa Lift Irrigation and Others …. Opp. Parties Mr. A.K. Pandey, Adv. for the Corporation CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.9158 of 2010

CNR No.ODHC010037842010

Ananda Ch. Mallick

….

Petitioner

Mr. P.K. Mohapatra,

Advocate

-versus-

Orissa Lift Irrigation

and Others

….

Opp. Parties

Mr. A.K. Pandey, Adv. for

the Corporation

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

Order No

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ORDER

27.08.2026

10. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Pursuant to order dated 25.06.2026, Mr. A.K. Pandey, learned counsel appearing for Opp. Party- Corporation produced the instruction so provided by the Corporation in its letter dated 31.07.2026. The same be kept in record.

3. Basing on the instruction, it is contended that no financial benefit has been extended after the cut-off date so fixed, to any person whose VRS/VSS has been accepted beyond the cut-off date till the date of relieve.

4. Heard learned counsel for the parties.

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5. The present Writ Petition has been filed inter alia with the following prayer:- “The petitioner therefore prays your lordships may be graciously pleased to:

(i) Quash the order dt.28.01.2010 as at Annexure- 10;

(ii) Direct the Opp. Parties to sanction/disburse the salary of the petitioner for the period from June, 2003 to 24.5.2004 forthwith;

(iii) Pass such other order(s)/direction(s) as may be deemed fit and proper in the Bonafide interest of Justice.”

6. It is contended that petitioner since continued in employment on the face of his acceptance of the VRS application much beyond the cut-off date, he is entitled to get the salary for the period he continued beyond the cut-off date till he was actually relieved.

6.1. It is also contended that petitioner was earlier before this Court in W.P.(C) No.5014 of 2005 and this Court directed for consideration of the petitioner’s claim which has now been rejected vide the impugned order dated 28.01.2010 under Annexure-10.

6.2. It is accordingly contended that with quashing of the impugned order, petitioner be given the benefit of salary for the period he continued beyond the cut-off date till he was actually relieved with acceptance of his VRS application.

7. Learned counsel appearing for the Opp. Party- Corporation contended that no such employees have been extended with the benefit as prayed for, who

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continued in their services beyond the cut-off date on the face of the application made to take VRS.

7.1. It is also contended that in the earlier Writ Petition, petitioner’s claim was with regard to non- release of some benefits so available to him under the VRS.

8. Having heard learned counsel for the parties, considering the submission made and the instruction provided to the Court by the learned counsel appearing for the Corporation today and the nature of order passed in W.P.(C) No.5014 of 2005, this Court is of the view that since petitioner’s application to take VRS has been duly accepted with release of all the entitlements, petitioner is not entitled to get any salary for the period he continued beyond the cut-off date till he was actually relieved. Accordingly, this Court is not inclined to interfere with the impugned order dated 28.01.2010, so passed under Annexure-10.

9. The Writ Petition stands dismissed accordingly.

(Biraja Prasanna Satapathy)

Judge Basudev Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication Location: High Court of Orissa, Cuttack Date: 28-Aug-2026 18:29:43 Signature Not Verified

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