Nayana Sahoo vs State Of Odisha & Others
2021 Latest Caselaw 11939 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  WP (C) No.35175 of 2021

            Nayana Sahoo                         ....                       Petitioner
                                                              Mr. S. Dash, Advocate
                                               -Versus -
            State of Odisha & others              ....                Opposite Parties
                                                                      State Counsel
                         CORAM:
                           DR. JUSTICE B.R. SARANGI

ORDER_ 22.11.2021

Order No. 1 This matter is taken up through hybrid mode.

2. The petitioner has filed this writ petition seeking direction to the opposite parties to quash fixation of Grade Pay of Rs.4800/- and calculation of pension and other retiral benefits at Annexure-3 and further to sanction Grade Pay Rs.5400/- as 3rd RACP benefit in favour of late husband of the petitioner w.e.f,. 01.01.2013 under RACP Scheme-2013 and accordingly revise the pension and other retiral benefits like Gratuity, leave salary and commutation value of pension, family pension basing upon GP Rs.5400/- and sanction the differential amounts in favour of the petitioner within a stipulated period. She further seeks direction to the opposite parties to refund the recovered amount (Rs.65,652/-) in favour of the petitioner within a stipulated period.

3. In course of hearing, learned counsel for the petitioner stated that highlighting the grievances, the petitioner has made representation to opposite party no.1 vide Annexure-6, and the same may be directed to be disposed of within a stipulated time taking

into consideration Annexures-4 and 5, and the judgment in State of Odisha and another v. Bihari Lal and others (W.P.(C) No.2831 of 2016 disposed of on 27.06.2006).

4. Considering the limited grievance of the petitioner, this Court without expressing any opinion on the merits of the case, disposes of the writ petition directing opposite party no.1 to consider the representation filed by the petitioner vide Annexure-6, and pass appropriate order in accordance with law taking into consideration Annexures-4 and 5 and the judgment in State of Odisha and another v. Bihari Lal and others (W.P.(C) No.2831 of 2016 disposed of on 27.06.2006) within a period of three months from the date of production of certified copy of this order.

Issue urgent certified copy as per rules.

(Dr. B.R. Sarangi) Judge Alok