Sabitri Rout vs State Of Odisha & Others .... ...
2023 Latest Caselaw 3171 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                            WPC (OAC) No.3485 of 2015

                 Sabitri Rout                       ....           Petitioner
                                       Mr.J.K. Rath, Sr. Advocate instructed
                                      by Mr. D.N. Rath, Advocate
                                         -versus-
                 State of Odisha & others           ....          Opp.parties
                                       Mr. T.K. Praharaj, Standing Counsel

                        CORAM:
                        JUSTICE M.S.SAHOO
                                        ORDER

11.04.2023 Order No. Hybrid Mode

3. 1. Learned Senior Counsel has placed the date chart and written note of submission supporting his contention that the petitioner being the widow of deceased employee working under the Establishment of the opposite parties is entitled for family pension, after the original application filed by the employee, i.e., O.A. No.540 (C) of 1999 was allowed by an order dated 17.03.2010 of the learned Tribunal, thereby setting aside the order of dismissal from service as punishment imposed on the employee.

2. Learned Standing Counsel refers to the counter affidavit, particularly the order dated 07.08.2018 passed in the said O.A., after R.P. No.33(C) of 2016 filed for recall/modification of the judgment dated 17.03.2010 and LP No.21 (C) of 2016 for condonation of delay were allowed by the learned Tribunal and the order dated 17.03.2010 was recalled.

3. It is not disputed that the employee, i.e., the original applicant in the O.A. No.540(C) of 1999 passed away due to illness while undergoing treatment in the hospital on 19.11.2007 much before the order was passed in the O.A. by the learned Tribunal. It is not also clear whether in the // 2 //

review petition, the legal heirs were arrayed as party. The learned Tribunal has also referred to M.P. No.1314 (C) of 2017 filed by the legal heirs which was dismissed.

4. To ascertain regarding the filing of the review petition before the learned Tribunal, the Registry is to call for the entire records of O.A. No.540(C) of 1999 and the subsequent connected petitions either available on being transferred to this Court or from the Registry of the learned Tribunal. The said case brief shall be tagged to the present writ petition.

List on 11.05.2023, as prayed for.

( M.S.Sahoo) Judge

Gs