STATE GOVERNMENT OF ODISHA Vs. ADWAITA PRASAD SAHOO

JUDGEMENT

(1.) Heard learned counsel for the parties. The State of Odisha as petitioners has challenged the order dated 17.5.2013 passed in O.A. No. 893 of 2012 by the State Administrative Tribunal, Odisha, Bhubaneswar.

(2.) The opposite party as applicant approached the Tribunal for sanction, disburse and release of regular pension. DCRG, commuted value of pension and arrear pension to him within a stipulated time along with 18% interest on the unpaid amount on differed heads as mentioned above from the date of entitlement till the date of actual payment made by the authorities. It was further prayed to direct the authorities to grant an amount of Rs. 10,000/- as litigation cost and the cost for suffering of the applicant for none of his fault.

(3.) The Tribunal by the impugned order found that the opposite party was superannuated on 31.10.2011 while working as F.A.-cum-Special Secretary to Government, Higher Education Department, a disciplinary proceeding was initiated against him by order dated 21.9.2011. A copy of the said proceeding was served on the applicant on 2.12.2012. The opposite party, therefore, pleaded before the Tribunal that there was no disciplinary proceeding pending against him on the date of retirement but the State has refused to sanction regular pension and other pensionary benefits. The Tribunal considering Rule 66(1) of the O.C.S. (Pension) Rules, 1992, which provides for grant of provisional pension where a departmental or judicial proceeding is pending, came to the conclusion that the said rule is not applicable in respect of the petitioner as on the date of his superannuation, no departmental or judicial proceeding was pending against him. The Tribunal placed reliance on a decision of this Court in the case of Brajabandhu Patnaik v. Government of Orissa, 2008 1 OrissaLR 384, and ultimately allowed the Original Application directing the petitioners-State to sanction regular pension, DCRG as per Rule 49(5) of the OCS (Pension) Rules, 1992, commuted value of pension and other retiral benefits as admissible to the opposite party-applicant and disburse the same to him within a period of three months from the date of receipt of a copy of the said order. Being aggrieved by the said order of the Tribunal, the State has approached this Court in the present writ petition.