WP(C)/14778/2012
2021 Latest Caselaw 4716 Ori

                                    W.P.(C) No. 14778 of 2012




08.   07.04.2021             The matter is taken up by video conferencing mode.
                             Heard Mr. P.R. Barik, learned counsel for the petitioner
                   and Mr. S. Jena, learned Standing Counsel for School and Mass
                   Education Department.
                             The petitioner has filed this writ petition seeking
                   direction to the opposite parties to extend the benefit of family
                   pension    and    temporary   increase   on   original   pension   as
                   admissible in view of the law laid down by this Court in
                   Subarna Dibya and others v. State of Orissa and others,
                   2005 (1) OLR 168.
                             Mr. P.R. Barik, learned counsel for the petitioner
                   contended that the judgment of this Court in Subarna Dibya
                   mentioned supra was assailed by the State before the apex
                   Court in SLP (C) Nos.14265 and 14326 of 2005, which is
                   pending adjudication.
                               Mr. S. Jena, learned Standing Counsel for School and
                   Mass Education Department contended that in the meantime the
                   aforesaid SLP has already been dismissed by the apex Court.
                   Therefore, there is no impediment on the part of the authority
                   to consider the grievance of the petitioner in the light of the
                   judgment passed by this Court in Subarna Dibya mentioned
                   supra.
                             Considering the contention raised by learned counsel for
                   the parties and after going through the records, without
                   expressing any opinion on the merits of the case, this writ
                   petition stands disposed of directing the authority to consider
                   the grievance of the petitioner in the light of the judgment of
                   this Court in Subarna Dibya mentioned supra, as expeditiously
         as possible, preferably within a period of four months from the
        date of production/communication of this order.
                As the restrictions due to the COVID-19 situation are
        continuing, learned counsel for the parties may utilize a soft
        copy of this order available in the High Court's website or print
        out thereof at par with certified copy in the manner prescribed,
        vide Court's Notice No.4587, dated 25th March, 2020.


                                          ...............................

Ashok (DR. B.R. SARANGI) JUDGE