Orissa High Court
Sufi Ara Begum vs State Of Odisha And Others .... Opp. ... on 5 December, 2023
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.39389 of 2023
Sufi Ara Begum .... Petitioner
Mr. Niranjan Biswal, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. N.K. Praharaj, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 05.12.2023
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as
learned Additional Government Advocate appearing counsel
for the State-Opposite Parties. Perused the writ petition as
well as the documents annexed thereto.
3. The present writ petition has been filed by the
Petitioner with the following prayers:-
"It is, therefore, prayed that this Hon'ble
Court may graciously be pleased to issue notice,
call for the records and after hearing the parties,
issue appropriate writ by way of giving necessary
directions;
i) To direct the Opp. Parties more
particularly the Opp. Party No.1 to
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disburse all the post retiral dues of the
deceased Govt. servant Late F.R.J. Khan
(Retired Asst. Executive Engineer, Water
Resources Dept. Odisha) in favour of the
present petitioner within a time framed by
this Hon'ble Court.
ii) To direct the opposite party No.1 to
sanction/release family pension in favour of
the present petitioner within a time framed
by this Hon'ble Court considering the fact
that the order of recovery imposed against
the deceased Govt. servant as per
punishment order dtd. 11.06.2004 under
Annexure-6 has been set-aside by this
Hon'ble Court vide its order dtd.
01.11.2022 passed in W.P.C(OAC)
No.1296 of 2004 under Annexure-7.
iii) To direct the Opposite parties to release all
the retiral dues of the petitioner within a
time framed by this Hon'ble Court.
And to pass such other order/directions as
deemed fit and proper."
4. The sole grievance of the present Petitioner in this
present writ petition is that the Opposite Parties are not
implementing the judgment/order dated 1.11.2022 passed by
this Court in WPC(OAC) No.1296 of 2004. It is submitted
by the learned counsel for the Petitioner that the husband of
the Petitioner, who was a Government employee, was facing
a disciplinary proceeding wherein a final order of reversion
and recovery was passed by the Disciplinary Authority.
Thereafter, such order was challenged before the Tribunal
by the husband of the Petitioner by filing an O.A.(C)
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No.1296 of 2004. During the pendency of the said Original
Application, the husband of the Petitioner has passed away.
Accordingly, the present Petitioner, who is the wife, got
herself substituted in place of her deceased husband and
continued the litigation which was pending before the
Tribunal. The O.A. which was pending before the Tribunal
was eventually transferred to this Court after abolition of the
Tribunal. The aforesaid earlier writ petition was heard by a
coordinate Bench of this Court and vide order dated
01.11.2022 the said writ petition was allowed and the order
of punishment was quashed, so far as it relates to recovery of
a sum of Rs.7,55,500/-. Finally, the learned coordinate
Bench had directed the Opposite Party No.1 to sanction and
disburse all the retiral benefits of the Petitioner as is due and
admissible without any further delay. Being aggrieved by
the inaction of the Opposite Parties in implementing the
order passed by the coordinate Bench of this Court vide
order dated 01.11.2022, the Petitioner has approached this
Court for a direction to the Opposite Parties to implement
the order and to disburse all service benefits including the
family pension to the present Petitioner which she is entitled
to as per law.
5. Learned Additional Government Advocate appearing
for the State-Opposite Parties, on the other hand, contended
that the Petitioner has not approached the Opposite Parties
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before approaching this Court for grant of family pension. In
such view of the mater, learned Additional Government
Advocate submitted that he will have no objection in the
event this Court directs the Opposite Party No.1 to consider
the case of the Petitioner for grant of family pension as per
the law within a stipulated period of time.
6. Considering the submissions made by the learned
counsel appearing for the respective parties and on a careful
examination of the background facts as well as keeping in
view the limited nature of grievance involved in the present
writ petition, this Court deems it proper to dispose of the
writ petition at the stage of admission by granting liberty to
the Petitioner to approach the Opposite Party No.1 by filing
a fresh representation taking therein all the grounds along
with the judgment dated 01.11.2022 passed by the
coordinate Bench of this Court in WPC(OAC) No.1296 of
2004 within a period of two weeks from today. In the event
such a representation is filed, the Opposite Party No.1 shall
consider the same strictly in accordance with law and shall
pass necessary orders for implementation of the order dated
01.11.2022 passed by this Court in WPC(OAC) No.1296 of
2004 within a period of two months from the date of
communication of a certified copy of this order. Further, it is
directed that the direction issued in the earlier writ petition
by the coordinate Bench of this Court be implemented by
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sanctioning and disbursing all financial benefits as is due
and admissible to the Petitioner within a period of four
weeks from the date of taking such a decision without
further delay. Further, it is made clear that in the event such
financial benefits are not paid to the Petitioner within four
weeks from the date of taking such a decision, the Opposite
Parties shall liable to pay interest @ 9% till the actual
payment is made by the Opposite Parties.
7. With the aforesaid observation and direction, the writ
petition is disposed of.
( A.K. Mohapatra)
Judge
Debasis
