Satyabhama Meher vs State Of Odisha And Others .... Opp. ...
2023 Latest Caselaw 15720 Ori

Orissa High Court

Satyabhama Meher vs State Of Odisha And Others .... Opp. ... on 7 December, 2023

Author: A.K. Mohapatra

Bench: A.K. Mohapatra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                W.P.(C) No.38385 of 2023


                 Satyabhama Meher                       ....           Petitioner
                                                  Mr. P.K. Mohapatra, Advocate

                                              -versus-

                 State of Odisha and others              ....         Opp. Parties

                                                          Mr. P.K. Muduli, A.G.A.


                             CORAM:
                            JUSTICE A.K. MOHAPATRA
                                        ORDER

Order No.                              07.12.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties.

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:-

i) direct the opp. parties to sanction family pension and all pending retiral benefits of her late husband with interest and accordingly the objection raised by A.G. (A&E), Odisha to furnish the copy of sanction of administrative department in terms of G.O.F.D. No.19420/F, Dt. 01.07.2020 may be complied forthwith taking into consideration the letter dt. 25.05.2023 vide Annexure-4 as well as the judgment dated 27.06.2016 in W.P.(C) No.2831/2016, which has // 2 //

been affirmed by the Hon'ble Supreme Court in SLP(C) Diary No.20358/2017, State of Odisha and another Vrs. Bihari Lal and others;

ii) Pass such other order(s)/direction(s) as would be deem fit and proper in the bonafide interest of justice."

4. It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation under Annexure-5 before the Opposite Party No.1, but the same is still pending before the said Opposite Party and the said Opposite Party has not taken any decision as of now.

5. Learned counsel for the State submits that he has no objection, if a direction is given to the authority concerned to consider the representation of the Petitioner in accordance with law within a stipulated period of time.

6. Considering the submissions made by the learned counsel for the respective parties and without expressing any opinion on the merits of the case, this Court disposes of the writ petition at the stage of admission with a direction to the Opposite Party No.1 to consider the representation of the Petitioner under Annexure-5 taking into consideration Annexure-4 in accordance with law 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.

Designation: Secretary ( A.K. Mohapatra)

Judge Debasis