Sailabala Mohanty vs State Of Odisha And Others
2021 Latest Caselaw 12669 Ori

      IN THE HIGH COURT OF ORISSA AT CUTTACK

                  W.P.(C) (OAC) No.440 of 2015

      Sailabala Mohanty                         ....            Petitioner
                                              Mr. L.K. Mohanty, Advocate

                                   -versus-

      State of Odisha and others                ....     Opposite Parties
               Mr. Sangram Jena, Standing Counsel for S.& M.E. Deptt.

             CORAM:
             JUSTICE A.K.MOHAPATRA

Order No.                             ORDER
                                     09.12.2021

05.    1.    Heard learned counsel for the parties.

2. The sole grievance of the Petitioner in the present writ petition is that the Opposite Parties-Authorities are not considering and releasing family pension in her favour with effect from 13th January, 1977 as per the provision of Orissa Civil Services (Pension) Rules, 1972 as well as 1992. She has further prayed for a direction to the Opposite Parties to calculate the arrears and release the same in favour of the Petitioner with 18% interest thereon within a stipulated time.

3. Counter Affidavit on behalf of Opposite Party No.4 has been filed in this case denying the claim of the Petitioner. Mr.S. Jena, learned Standing Counsel appearing for the School and Mass Education Department submits that the issue involved here in the present case is at the domain of the Accountant General (A & E), Odisha, Bhubaneswar and the

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School and Mass Education Department has no role in the matter.

4. On the contrary, learned counsel appearing for the Accountant General (A & E), Odisha-Opposite Party No.5 submits that they have not received any papers relating to the claim of the Petitioner from the concerned Department of Government of Odisha. As regard the entitlement of pension is concerned, learned counsel for the Petitioner submits that the same flows from the judgment of this Court in the case of Subarna Dibya and others Vrs. State of Orissa and others, reported in 2005 (I) OLR -168.

5. In such view of the matter, the Block Education Officer, Cuttack Sadar, Cuttack-Opposite Party No.3 is hereby directed to immediately forward the pension papers of the Petitioner to the Controller of Accounts, Odisha-Opposite Party No.4 positively within a period of eight weeks from the date of receipt of certified copy of this order. The Opposite Party No.4 is also directed to consider the claim of the Petitioner in the light of the judgment referred to hereinabove. In the event Opposite Party No.4 comes to a conclusion that in fact Petitioner is entitled for pensionary benefits, the same shall be calculated and disbursed in her favour within a period of three months thereafter. This Court further observes that while considering the case of the Petitioner, Opposite Party No.4 shall also provide opportunity to the Petitioner to submit any other papers at the time of consideration. It is made clear

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that this Court has not expressed any view on the merits of the matter.

6. With the above direction and observation, the writ petition stands disposed of.

(A.K. Mohapatra) Judge U.K.Sahoo