Orissa High Court
Smt. Sarojini Mishra vs State Of Orissa & Ors on 20 December, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) NO.13504 OF 2010
Smt. Sarojini Mishra .... Petitioner
Mr.L.Pangari, Adv.
-versus-
State of Orissa & ors. .... Opposite Party(s)
Mr.R.K.Samal, SC
CORAM:
JUSTICE BISWANATH RATH
ORDER
Order No. 20.12.2022
12. 1. Heard learned counsel for the Parties.
2. The Writ Petition involves the following prayer :-
"It is, therefore, prayed that in the fact and
circumstances stated above and in the interest of justice, this
Hon'ble Court may be pleased to issue appropriate
writs/directions/declarations and directing the opposite
parties to sanction family pension of the petitioner with
effect from 01.09.1998 under Rule-3 of the Orissa Aided
Educational Institutions (Non-Government Fully Aided
Primary School Teachers) Retirement Benefit (Amendment)
Rules, 1998, published in the Orissa Gazette, Extraordinary,
vide S.R.O. No.111/98 dated 23.03.1998 along with
temporary increase (T.I.) in her pension and may further be
pleased to direct the opposite party to release all arrear dues
within a stipulated time period."
3. Background involving the case is, taking help of the Orissa
Aided Educational Institutions (Non-Government Fully Aided
Primary School Teachers) Retirement Benefit (Amendment) Rules,
1998 (herein after called as "the Rule, 1998"), the Petitioner claims
to have been entitled to Family Pension as well as T.I. from 1.9.1998
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and the Authorities failing to work out, the Petitioner was
constrained to file OJC No.8281/1999, which matter was disposed of
by a Division Bench of this Court with the following direction :-
"Petitioner's husband was a Non-Government
Fully Aided Primary School Teacher. In this writ petition,
she has prayed for grant of family pension/T.I. on pension in
her favour.
The petitioner is entitled to the relief(s) claimed
under Rule-3 of the Orissa Aided Educational Institutions
(Non-Government Fully Aided Primary School Teachers')
Retirement Benefit (Amendment) Rules, 1998, published in
the Orissa Gazette, Extraordinary, vide S.R.O. No.111/98
dated 23.3.1998. We, therefore, dispose of this writ petition
with the following directions :-
(1) The Petitioner shall furnish all necessary papers to the
appropriate authority within two weeks.
(2) The authorities concerned shall consider the case of
the petitioner in terms of the above Rule and pass
necessary orders within three months from the date of
submission of necessary papers by the petitioner.
(3) The arrear amount found payable to the petitioner
shall be paid to him/her within one month thereafter,
and the current dues shall be paid regularly."
After the aforesaid direction, necessary papers being submitted
before the D.I. of Schools being the Sanctioning Authority sent the
same to the Controller of Accounts, Orissa, Bhubaneswar on
6.4.2000. Unfortunately after requisite check up, the Family Pension
proposal was returned to the P.S.A. for compliance. It appears, there
has been re-submission of the Pension Papers and finally the pension
claim of the Petitioner has been turned down, vide Annexure-6
herein resulting in filing of the present Writ Petition.
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4. Filing counter affidavit, the contesting O.P.2 through
Paragraph-8 claimed, for there is stay on implementation of the
order passed in W.P.(C) No.3891/2000, a similarly situated case,
vide SLP No.CC-5993-6054/2005, this position becomes an
impediment in considering the case of the Petitioner.
5. Producing the proof, learned counsel for the Petitioner brings
to the notice of this Court that in the meantime SLP No.14265/2005
has been dismissed on 19.2.2015 thereby affirming the direction in
W.P.(C) No.3891/2000.
6. For the opinion of this Court, if the case of the Petitioner was
covered by the judgment passed in W.P.(C) No.3891/2000 and
pendency of litigation was an impediment in considering the case of
the Petitioner, on disposal of the SLP nothing prevented the
Competent Authority in working out the claim of the Petitioner even
in spite of pendency of Writ Petition. Be that as it may, in the
meantime, there has been another judgment on this aspect delivered
by a single Bench of this Court in the case of Smt. Muturimani
Nayak vrs. State of Orissa & ors.: reported in 2015 (II) OLR-166
settling the position involved herein.
7. In the circumstance, this Court in disposal of the Writ
Petition directs O.Ps.2 & 3 to consider the claim of the Petitioner,
who is already appearing to be 73 years by now, in the involvement
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of the B.E.O., Nayagarh to work out the claim of the Petitioner also
keeping in view the support of the case of the Petitioner through
Smt.Muturimani Nayak (supra) and also taking into account that the
SLP No.14265/2005 at the instance of the School & Mass Education
Department having been dismissed on 19.2.2015 further through the
decision of this Court in Muturimani Nayak (supra) . The entire
working out be completed within a period of two months from the
date of communication of this order. If the Petitioner is entitled to
Pension and T.I., release of the arrear will also take place within a
period of one week from the date of decision and the Petitioner will
also be entitled to interest @ 5% per annum all through.
(Biswanath Rath)
Judge
M.K.Rout
