Orissa High Court
Hrudananda Mall & Another vs State Of Odisha & Others on 22 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.26265 of 2023
Hrudananda Mall & another .... Petitioners
Mr. Akshyangshu Sekhar Nandy, Advocate
-versus-
State of Odisha & others .... Opposite Parties
Mr. A.P. Dash, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 22.08.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel appearing for the petitioners as well as
learned Addl. Standing Counsel for the State-Opposite Parties.
Perused the writ petition as well as the documents annexed thereto.
3. The present writ application has been filed by the Petitioners
with the following prayer:-
"The petitioners there for pray that this Hon'ble
Court may kindly be pleased to
i. Admit this Application.
ii. Call for the records.
iii. Issue "Rule Nisi" Calling upon the Opp. Parties to
show cause as to why a writ of mandamus shall not
be issued commanding the Opp. Parties to pay
interest @ 18% per annum on the delayed payment
of family pension as well as on payment of Gratuity,
as the authority has paid the same after lapse of 5
1/2 years i.e. on 10.05.2022 which contravenes to
rule prescribed under O.C.S. pension Rules 1992.
And
If the Opp. Parties fail to show cause or shows
insufficient cause, the writ may be made absolute
And
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iv. May be pleased to issue a writ in the nature of
Mandamus or any other appropriate writ/writs/
order/orders commanding the Opp. Parties to pay
18% interest on delayed payment of Family Pension
as well as Gratuity, and other retiral benefits, paid
which is after lapse of more than 5 ½ years,
contravenes to Rule prescribed under OCS pension
Rules, 1992.
And any other writ/writs/order/orders deem fit and
proper may please be passed."
4. It is submitted by learned counsel for the Petitioner that the
husband of the Petitioner Dr. Bijaya Bhanja joined in Government
Service on 16.04.1981. Thereafter, while discharging his duties the
Petitioner became ill and finally succumbed to such illness on
22.01.2017. On perusal of the record it appears that the husband of the
Petitioner was due to retire from service with effect from 28.02.2017.
Learned counsel for the Petitioner submitted that after death of the
husband of the Petitioner, the Petitioner approached the Opposite
Parties for payment of the retiral dues as is due and admissible to the
late husband of the petitioner as well as for family pension. The
Opposite Parties sat over the matter for almost 5 ½ years and finally
they have sanctioned and disbursed the dues as is due and admissible in
favour of the late husband of the Petitioner on 10.05.2022.
5. Learned counsel for the Petitioner at this juncture submitted that
the delay in sanctioning and disbursing the legitimate dues payable to
the Petitioner solely attributable to the inaction of the Opposite Parties.
In such view of the matter, learned counsel for the Petitioner drawing
attention of this Court to the circular of the State Government dated
30.12.1999 under Annexure-12 as well as judgment of this Court in
Dhruba Charan Panda v. State of Orissa and others in OJC No.6886
of 1999 as well as the Hon'ble Supreme Court in the case of The State
of West Bengal v. Debabrata Tiwari & Ors. Etc. Etc. (Civil Appeal
Nos.8842-8855 of 2022 decided on 3rd March, 2023) submitted
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before this Court that the Opposite Parties are liable to pay interest to
the Petitioner for delay in disbursal of the legitimate dues of the
Petitioner.
6. Learned Standing Counsel on the other hand contended that the
Petitioner had earlier approached the Opposite Parties by filing a
representation. The representation of the Petitioner has been duly
considered by the Opposite Parties and vide order dated 19.04.2023
under Annexure-11 the claim of the Petitioner has been rejected by the
Opposite Party by a speaking order. In such view of the matter, learned
Additional Standing Counsel submitted before this Court that the claim
of the Petitioner merits no further consideration as the same has already
been rejected by the Opposite Parties.
7. This Court on a careful scrutiny of the order dated 19.04.2023
observed that the Opposite Parties have rejected the prayer of the
Petitioner vide order dated 19.04.2023 without taking into
consideration the circular of the State Government as well as the
judgments of this Court and the Hon'ble Supreme Court. Moreover,
this Court is prima facie satisfied that there was a delay of 5 ½ years
in payment of the dues as is due and admissible to the late husband of
the Petitioner. In such view of the matter, this Court is of the
considered view that the rejection order dated 19.04.2023 under
Annexure-11 is unsustainable in law and the same is hereby set aside.
In view of the aforesaid factual position, this Court further directs the
Commissioner-cum-Secretary to Govt. Labour & ESI Department,
Bhubaneswar- Opposite Party No.1 to re-consider the claim of the
Petitioner keeping in view the circular of the State Government under
Annexure-11 as well as the judgments referred to hereinabove and
take a decision within a period of two months by passing a speaking
and reasoned order. Let the petitioner approach the Opposite Party
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No.1 along with a certified copy of this order within three weeks
from today. In the event, the Opposite Party No.1 shall do well to
consider the same in the manner as has been directed hereinabove.
The decision so taken by the Opposite Party No.1 be also
communicated to the petitioner within two weeks thereafter.
8. 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: 23-Aug-2023 11:37:19
