Arati Behera vs State Of Odisha And Others
2023 Latest Caselaw 8428 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK


                                 W.P.(C) No.23855 of 2023

                 Arati Behera                            ....              Petitioner

                                                         Mr. J. Gupta, Advocate
                                              -versus-
                 State of Odisha and others              ....           Opp. Parties

                                                              Mr. A.Pr. Das, A.S.C.
                                        CORAM:

                            JUSTICE A.K. MOHAPATRA
                                        ORDER

Order No.                              02.08.2023
    01.     1.      This matter is taken up through Hybrid Arrangement
            (Virtual /Physical Mode).

2. Heard Mr. J. Gupta, learned counsel for the petitioner as well as Mr. A. Pr. Das, learned Additional Standing Counsel for the State. Perused the writ application as well as documents annexed thereto.

3. The present writ petition has been filed by the petitioner with the following prayers:

"The petitioner therefore humble prays that the Hon'ble Court may be graciously pleased to admit this case, issue notice to opposite parties for show cause and after hearing both the sides may be pleased to issue a writ of Mandamus/certiorari by directing the opposite parties particularly to O.P.

No-1 to take the appropriate steps to allow pension of the late husband of the petitioner then to disburse the family pension with arrear w.e.f. 24.09.2005 on the basis of the present order passed by this Court // 2 //

Hon'ble Court in W.P.(C) No.24041 of 2017 decided on 20.12.2017 (State of Odisha-v- Pitambar Sahoo), WPC(OAC) No.3494 of 2013, decided on 14.07.2021 and W.P.(C) No.21813 of 2022 disposed of on 06.09.2022 vide Annexure-9 series with cost.

And Further be pleased to direct the O.P. No.1 i.e. Commissioner, Water Resources Development Department, Odisha, Bhubaneswar to finalize the representation of the petitioner vide Annexure-10 within a stipulated period."

4. Mr. Gupta, learned counsel for the petitioner, at the outset, submitted that the claim of the petitioner for family pension have been rejected by the authorities, the petitioner initially approached the learned Tribunal by filing O.A. bearing O.A. No.1777(C) of 2009 as it appears that the said O.A. has been disposed of by directing the Opposite Party No.2 to consider the case of the petitioner. Thereafter, the case of the petitioner considered by the Opposite Party No.2 and the same has been rejected vide order dated 14.08.2013 under Annexure-8 to the writ application. Learned counsel for the petitioner further contended that the said rejection order under Annexure-8 was received in the year 2016.

5. Being aggrieved by such order of rejection under Annexure-8, the petitioner has approached this Court by filing the present writ application.

6. By referring to the judgment of this Court in the case of Badhua Gochhayat vrs. State of Odisha in WPC(OAC) No.864 of 2018 decided on 17.12.2021 as well as order passed by the // 3 //

coordinate Bench of this Court in the case of Abhaya Charan Mohanty vrs. State of Odisha and others in WPC(OAC) No.3494 of 2013 decided on 14.07.2021, learned counsel for the petitioner submitted that the case of the petitioner has not been considered keeping in view the law laid down by this Court in the aforesaid judgment. Accordingly, he further contended that the petitioner has approached the authority by filing a detailed representation on 24.01.2023 under Annexure-10 series to the writ application. It is also submitted that the same is pending for consideration before the Opposite Party No.1 for taking decision.

7. Learned Additional Standing Counsel for the State, on the other hand, submitted that the case of the petitioner for grant of pensionary benefits has been considered by the authorities and the same has been rejected by order dated 14.08.2013 under Annexure-8 to the writ application. Therefore, there is no scope to reconsider the case of the petitioner in view of the judgment announced by this Court and he prays for dismissal of the writ application.

8. Having hard learned counsels for the respective parties, on consideration of their respective submissions as well as materials on record, keeping in view the nature of the grievance involved in the present writ application, this Court deems it proper to dispose of the writ application with a direction to the Chief Secretary to Government of Odisha, Water Resources Department, Bhubaneswar-Opposite Party No.1 to consider the // 4 //

representation of the petitioner under Annexure-10 series in accordance with law keeping in view the judgment of this Court referred hereinabove make every endeavour to dispose of the writ application within a period of two months from the date of production of certified copy of this order. It is needless to mention here that the representation of the petitioner shall be considered and disposed of by passing a speaking and reasoned order. Any decision so taken on the said representation shall be communicated to the petitioner within a period of two weeks thereafter.

9. With the aforesaid observation/direction, the writ petition is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu

Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Secretary-in-Charge Reason: Authentication Location: OHC, CUTTACK Date: 04-Aug-2023 19:07:58