Sarada Dakua vs State Of Odisha And Others
2021 Latest Caselaw 10813 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No. 28492 of 2019

            Sarada Dakua                            ....                       Petitioner
                                                              Mr. Manas Pati, Advocate
                                                -Versus -
            State of Odisha and others              ....                 Opposite Parties
                                                                 Mr. M. Balabantaray,
                                                         Standing Counsel for the State

                         CORAM:
                           DR. JUSTICE B.R. SARANGI

ORDER_ 08.10.2021

Order No. 1. This matter is taken up through hybrid mode. 1 2. Heard learned counsel for the parties.

3. The petitioner has filed this writ petition seeking to quash Annexure-6 dated 02.11.2019 fixing cutoff date and to issue direction to the opposite parties to sanction and disburse family pension and other pensionary dues of the petitioner, which has been extended to similarly placed employees, within a stipulated period.

4. Mr. M. Pati, learned counsel for the petitioner contended that the case of the petitioner is squarely covered by judgment dated 23.07.2021 passed by this Court in WPC (OAC) No. 2677 of 2008 and thereby the benefit claimed should be extended to the petitioner in terms of the said judgment.

5. Mr. M. Balabantaray, learned Standing Counsel for the opposite parties contended that if case of the petitioner is covered by the judgment dated 23.07.2021 passed by this Court in WPC (OAC) No. 2677 of 2008, then the claim of the petitioner can be considered in the light of the said judgment.

6. Considering the submissions made by learned counsel for the parties and after going through the records, this writ petition is disposed of directing the opposite parties to examine the matter and if it is found that the case of the petitioner is covered by judgment dated 23.07.2021 passed by this Court in WPC (OAC) No. 2677 of 2008, then the claim of the petitioner be considered in the light of the said judgment within a period of three months from the date of communication of this order.

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

Issue urgent certified copy as per rules.

(Dr. B.R. Sarangi) Judge

A.K. Rana