Orissa High Court
Renubala Mohanty vs State Of Odisha & Others on 9 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.25037 of 2023
Renubala Mohanty .... Petitioner
Mr. Sanjib Mohanty, Advocate
-versus-
State of Odisha & others .... Opposite Parties
Mr. I. Mohanty, ASC
Mr. S.K. Patra, Standing Counsel
for A.G., Odisha
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 09.08.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard Mr. S. Mohanty, learned counsel appearing for the
petitioner as well as Mr. I. Mohanty, learned Addl. Standing Counsel
for the State-Opposite Parties and Mr. S.K. Patra, learned Standing
Counsel for A.G., Odisha appearing for the Opposite Party No.4.
Perused the writ petition as well as the documents annexed thereto.
3. The present writ application has been filed by the Petitioner with
the following prayer:-
"Under such circumstances, it is humbly prayed that
this Hon'ble Court may kindly be pleased to admit the
case and issue notice to the Opposite Parties to file their
show cause so as to why the case of the Petitioner shall
not be allowed and after hearing the parties, the case of
the Petitioner be allowed.
And direction be given to the Opposite Party No.1
and 2 to sanction and release the family pension and
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other pensionary benefits of her husband along with
arrears in favour of the Petitioner taking into account of
the order of this Hon'ble Court passed in WPC(OAC)
No.2677 of 2008 disposed of on 23.07.2021 and also to
other similarly placed employees within a period of two
months and the arrear to that effect be paid to her
within a stipulated period.
And/ or pass any other order(s) which deem fit and
proper for adjudication of this case."
4. It is submitted by learned counsel for the Petitioner that the
Petitioner is the wife of the deceased job contract employee. Since the
Petitioner is not getting the family pension, the Petitioner had
approached the Opposite Party No.1 by filing a representation on
09.05.2023. The Under Secretary to Govt., Revenue and Disaster
Management Department forwarded the representation to the Director,
Land Records Survey, Settlement & Consolidation, Board of Revenue,
Odisha, Cuttack-Opposite Party No.2 for taking an appropriate decision
on such representation of the Petitioner vide letter dated 28.06.2023
under Annexure-6. At this juncture, learned counsel for the Petitioenr
submitted that although the representation of the Petitioner has been
forwarded to Opposite Party No.2, the Opposite Party No.2 has not
taken any decision on the representation of the Petitioner as of now.
Being aggrieved by such inaction of the authorities the Petitioner has
approached this Court by filing the present writ application.
5. Learned Addl. Standing Counsel, on the other hand, submitted
that he will have no objection in the event this Court directs the
Opposite Party No.2 to take a decision pursuant to letter dated
28.06.2023 under Annexure-6 in accordance with law within a
stipulated period of time.
6. Considering the submission made by the learned counsels
appearing for the respective parties, this Court deems it proper to
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dispose of the writ application at the stage of admission by directing
the Petitioner to approach the Opposite Party No.2 along with a
certified copy of this order and any of the documents/ judgments
which support of his claim within a period of two weeks from today.
In the event, the Petitioner approaches the Opposite Party No.2, the
Opposite Party No.2-Director, Land Records Survey, Settlement &
Consolidation, Board of Revenue, Odisha, Cuttack shall do well to
consider the representation of the Petitioner dated 09.05.2023 which has
been forwarded to him under Annexure-6 to the writ application within
a period of eight weeks by passing a speaking and reasoned order. The
decision so taken by the Opposite Party No.2 be communicated the
Petitioner within two weeks thereafter. It is further made clear that in
the event the Opposite Party No.2 comes to a conclusion that the
Petitioner is entitled to the family pension as per law then the necessary
steps be taken for sanction and disbursal of the family pension to the
Petitioner within a four weeks from the date of taking such a decision if
there is no other legal impediment.
7. With the aforesaid observations/ directions, the writ
application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Signature Not Verified
Digitally Signed
Signed by: ANIL KUMAR SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 10-Aug-2023 18:22:45
