Orissa High Court
Puspanjali Pradhan vs State Of Orissa And Ors on 9 August, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
WA No.489 of 2021
Puspanjali Pradhan .... Appellant
Mr. Gautam Mukherjee,
Sr. Adv.
Mr. Anam Charan Panda
& A. Agarwal & S. Sahoo,
Advs.
-versus-
State of Orissa and Ors. .... Respondents.
Mr. S. Parida, SSC.
CORAM:
JUSTICE S.K. MISHRA
JUSTICE SAVITRI RATHO
ORDER
Order No. 09.08.2021
04. 1. This matter is taken up through hybrid mode.
2. Heard Mr. Gautam Mukherjee, learned Senior
Advocate for the Appellant and Mr. S. Parida, learned Senior
Standing Counsel for the Department of School and Mass
Education.
3. In this Intra-Court Appeal, the Appellant, being the
Petitioner in W.P.(C) No.14803 of 2021, assails the order dated
11.05.2021 passed by the learned Single Judge rejecting her
prayer made in the said Writ Petition.
4. In the Writ Petition, the Petitioner/Appellant has prayed
to issue Writ of Certiorari setting aside the impugned office
order dated 09.03.2021 passed by the Opposite Party No.3-
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Block Education Officer, Rajgangpur, District- Sundargarh and
also to issue a Writ of Mandamus directing the Opposite
Party/Authority to disburse the Family Pension, Unutilized
Leave Salary, Death Gratuity, GIS, Obsequy Refundable
Amount and Insured Amount under GIS and to give
appointment under Rehabilitation Assistance Scheme within a
stipulated period and any other relief as deemed just and proper
may be passed.
5. The case of the Petitioner/Appellant was taken up by
the learned Single Judge and the learned Single Judge vide
order dated 11.05.2021 has held that no irregularity has been
committed by the Block Education Officer, Rajgangpur,
District- Sundargarh. Hence, the Writ Petition was dismissed.
Such order of dismissal passed by the learned Single Judge has
been assailed before us.
6. The facts of the case can be succinctly pointed out as
follows:
It is alleged that on 23.02.2004 the marriage between
Bijay Bhengra, a late employee of the Department of School
and Mass Education and Goreti Xess was dissolved by a decree
passed by the learned Judge, Family Court, Rourkela in C.P.
No.127 of 1998. (The copy of the judgment passed by the
learned Judge, Family Court, Rourkela in C.P. No.127 of 1998
was not made a part of the Writ Petition). As per the case of the
Petitioner/ Appellant, Bijaya Bhengra married her before the
Marriage Officer, Rourkela. But, the marriage certificate was
not annexed to the Writ Petition. On 26.05.2016, the late
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employee Bijaya Bhengra died while he was in service. In the
year 2016, the Petitioner/Appellant applied for Pension, Death
Benefits and Rehabilitation.
On being asked by the Respondent No.3- Block
Education Officer, Rajgangpur, District- Sundargarh for legal
heir certificate, the Appellant applied for legal heir certificate.
But, the first wife of Bijay Bhengra objected to the same and,
therefore, the Tahasildar, Sundargarh Sadar advised the
Appellant to approach the Civil Court. In the year 2017, the
Appellant and her minor son filed C.S. No.13 of 2017 in the
court of the learned Civil Judge (Jr. Division), Rourkela. The
copy of the plaint or the written statement has not been filed
either in the Writ Petition or in the Writ Appeal. On
24.12.2019, the said Civil Suit was allegedly decreed by the
learned Civil Judge (Jr. Division), Rourkela declaring the
Appellant as the legally married wife of late Bijay Bhengra and
it was further declared that the Appellant, her son and the son
and Daughter of Goreti Xess are the legal heirs. On 22.05.2020,
the Respondent No.3- Block Education Officer, Rajgangpur,
District- Sundargarh sent the legal heir certificate to the
Tahasildar, Sundargarh Sadar questioning its genuineness. On
25.06.2020, the Tahasildar certified that the legal heir
certificate is genuine. On 02.11.2020, the Appellant filed
W.P.(C) No.29527 of 2020. On 10.11.2020, W.P.(C) No.29527
of 2020 was disposed of with a direction to the Respondent
No.3- Block Education Officer, Rajgangpur, District-
Sundargarh to consider the claim of the Appellant/ Petitioner
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within a month. On 29.12.2020, the Respondent No.3- Block
Education Officer, Rajgangpur, District- Sundargarh passed
order holding that the legal heir certificate is genuine and the
legal heirs are entitled to get the service benefits such as
Pensionary and Rehabilitation. But, while passing the order,
Respondent No.3- Block Education Officer, Rajgangpur,
District- Sundargarh heard the Appellant as well as Goreti Xess
and also taken note of the pendency of RFA No.1 of 2020 and
Original Suit No.11 of 2020. The Appellant again approached
this Court by filing W.P.(C) No.5809 of 2021. On 18.02.2021.
The said Writ Petition was disposed of with a direction to the
Respondent No.3- Block Education Officer, Rajgangpur,
District- Sundargarh to take a decision on the representation of
the Appellant/ Petitioner. On 09.03.2021, the Respondent No.3-
Block Education Officer, Rajgangpur, District- Sundargarh
rejected the application with a predetermined mind allegedly
saying that the grievance of the Appellant/ Petitioner merits no
consideration and devoid of merit. Then, on 15.04.2021,
W.P.(C) No.14803 of 2021 was filed. On 11.05.2021, W.P.(C)
No.14803 of 2021 was dismissed by the learned Single Judge.
Challenging the said order dated 11.05.2021 passed in W.P.(C)
No.14803 of 2021 by the learned Single Judge, this Writ
Appeal has been filed on 28.06.2021.
7. From the aforesaid date chart submitted by Mr.
Mukherjee, learned Senior Advocate appearing for the
Appellant appears to be correct in most aspects except those
disputed by the contesting Respondents that they are the first
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wife and the children of late Bijaya Bhengra. Another
surprising thing is that the Appellant has not mentioned about
the filing and pendency of RFA No.1 of 2020 in the date chart.
8. We have carefully examined the records. Initially when
the matter came before the Respondent No.3- Block Education
Officer, Rajgangpur, District- Sundargarh, he directed that
"Puspanjali Pradhan including all the legal heirs are entitled to
get the service benefits such as Pensionary benefits and
Rehabilitation and the same will be subject to RFA No.1 of
2020 and Original Suit No.11 of 2020 pending before the
learned District Judge, Sundargarh". Sharing of pensionary
benefits was perhaps not acceptable to the Appellant/
Petitioner. So, she came to this Court and an order was passed
to dispose of her representation. Her representation was again
disposed of by the Respondent No.3- Block Education Officer,
Rajgangpur, District- Sundargarh reiterating his earlier order by
saying that pendency of RFA No.1 of 2020 as well as the
Original Suit No.11 of 2020 and considering the dispute status
of the parties as well as pendency of the litigation before the
learned District Judge, Sundargarh with regard to status of legal
married wife of late Bijaya Bhengra, the Respondent No.3-
Block Education Officer, Rajgangpur, District- Sundargarh has
no jurisdiction to pass any order for sanction of pension in
favour of the Appellant/Petitioner at this stage.
9. Learned Senior Advocate for the Appellant made an
error on record by not admitting that the Appellant is by order
of the Respondent No.3- Block Education Officer, Rajgangpur,
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District- Sundargarh entitled to her share of pensionary
benefits. What she is claiming is exclusive right which cannot
be granted at this stage and the matter has to be decided as per
the decision taken by the Appellate Court in RFA No.1 of
2020.
10. We find no illegality either in the order dated
09.03.2021 passed by the Opposite Party No.3-Block
Education Officer, Rajgangpur, District- Sundargarh or in the
order dated 11.05.2021 passed by the learned
Single Judge in W.P.(C) No.14803 of 2021. So, we find no
merit in the Appeal.
11. Accordingly, this W.A. is dismissed being devoid of
merit.
12. The Appellant may take appropriate steps for
expeditious disposal of RFA No.1 of 2020.
13. Urgent certified copy of this order be granted on proper
application.
( S. K.Mishra)
Judge
( Savitri Ratho )
Judge
BJ
