Orissa High Court
Priyabadini Patra vs State Of Orissa & Ors on 29 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.37842 of 2020
Priyabadini Patra ..... Petitioner
Mr. M. Chand, Advocate
Vs.
State of Orissa & Ors. ..... Opposite Parties
Mr. G.N.Rout, ASC
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
29.08.2023
Order No. This matter is taken up through hybrid mode.
05.
2. The Petitioner, who is the wife of late Satya Ranjan Acharya
and has been divorced by virtue of an ex-parte judgment, has
preferred this writ petition to declare the attempt of present Opposite
Party Nos.2 and 3 to release all the GPF amount and all other
financial benefits of her late husband in favour of Opposite Party
No.4, who is the mother of late Satya Ranjan Acharya, to be illegal
and arbitrary.
3. Being noticed, though the Opposite Party No.4 has appeared
and filed the Counter Affidavit opposing the said prayer, as a
submission was made at the Bar that during pendency of the Writ
Petition, the issue of apportionment of the after retiral dues of late
Satya Ranjan Acharya has been amicably settled between the
parties, vide order dated 24.08.2023, learned Counsel for the
Petitioner, so also learned Counsel for Opposite Party No.4 were
granted time to file a joint Affidavit to the said effect by the next
date. Pursuant to the said order, both the learned Counsel for the
Petitioner so also Opposite Party No.4 file an Affidavit jointly
sworn by the Petitioner so also the contesting Opposite Party No.4
detailing therein as to the terms of settlement of the dispute.
Relevant paragraphs of the said Affidavit are reproduced below.
"3.That as the good sense prevails, the both the
petitioner and the Opp. Party No.4 have
amicably settled the dispute in term of the
following that:
(i) The GPF and other financial benefits
accrued to the deceased Satya Ranjan
Acharya will be shared 60:40 ratio. The
shares of the petitioner and her minor son
Roshan Kumar Acharya would be 60% and
share of the Opp. Party No.4 would be 40%
respectively.
(ii) It is further agreed that so far entitlement
of the family pension is concerned shall be
determined as per the Odisha Civil Service
(Pension) Rule, 1992.
4. That in respect of the averments of Para-4 is
concerned neither the petitioner nor the Opp.
Party No.4 has any objection to the entitlements.
Thus both the petitioner and the Opp. Party No.4
in support of the agreement and settlement
arrived at between, them, have made joint
declaration in shape of filing joint affidavit
before this Hon'ble Court for the same."
4. Learned Counsel for the Petitioner so also the Opposite Party
No.4 submit, their clients are suffering a lot because of financial
stringency after the death of Satya Ranjan Acharya and orally pray
for a direction to the Authority concerned to expedite the process of
releasing the after death dues of late Satya Ranjan Acharya at the
earliest as per the mutual understanding as detailed above.
5. In view of the Joint Affidavit dated 25.08.2023 filed by the
Petitioner so also the private Opposite Party No.4 and the
submissions of the learned Counsel for the parties, the Writ Petition
stands disposed of directing the Opposite Party Nos.1 to 3 to act
upon the said terms of settlement as extracted above in accordance
with law at the earliest, preferably within a period of two months
from the date of communication/production of the certified copy of
this order.
6. Urgent certified copy of this order be granted as per rules on
proper application.
(S.K.MISHRA)
JUDGE
Banita
Signature Not Verified
Digitally Signed
Signed by: BANITA PRIYADARSHINI PALEI
Designation: JUNIOR STENOGRAPHER
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 31-Aug-2023 17:52:00
