Orissa High Court
Priti Ranjan Samal vs The Principal Accountant General on 8 January, 2024
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.28888 of 2023
Priti Ranjan Samal .... Petitioner
Mr. Devi Prasad Dash, Advocate
-versus-
The Principal Accountant General, .... Opposite Parties
Odisha, Bhubaneswar and others
Mr. P.C. Das, A.S.C.
Mr. S.K. Patra, Standing Counsel
(For O.P. No.1)
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 08.01.2024
03. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard the learned counsel for the Petitioner, the learned
Additional Standing Counsel appearing for the State-Opposite
Parties and the learned Standing Counsel appearing for the
Opposite Party No.1. Perused the writ petition as well as the
documents annexed thereto.
3. The present writ petition has been filed by the Petitioner
with a prayer to quash the impugned letter/order dated
22.02.2023 under Annexure-2 to the writ petition and further for
a direction to the Opposite Party No.1-Principal Accountant
General (A&E), Odisha along with their authorities to sanction
// 2 //
and disburse disability family pension to him as due and
admissible along with all consequential financial benefits within
a stipulated period of time.
4. The issue involved in the present writ petition was directly
and substantially an issue before this Court in the matter of
Pradipta Kumar Pattanaik v. State of Odisha and others
(W.P.(C) No.2879 of 2023 decided on 19.05.2023). The said
writ petition was filed by the Petitioner challenging the
impugned rejection letter/order dated 23.11.2022 whereby the
Opposite Parties has denied the benefit of disability family
pension to the Petitioner in that case by referring to the Finance
Department clarification vide letter No.19813/F dated
06.08.2022. After a threadbare of the factual discussion as well
as the legal issue, this Court in paragraph-13 & 14 of the said
order has observed as follows:-
13. On a careful reading of the Finance
Department clarification vide letter No.19813/F
dated 06.08.2022, this Court is of the view that while
issuing the clarification, the Joint Secretary to
Government has exceeded his jurisdiction and in the
shape of clarification an attempt has been made to
amend the rules and to further incorporate certain
pre-conditions for grant of disability family pension
which are not available in sub-rule(5) of Rule-56 of
the OCS (Pension) Rules, 1992. Therefore, the
clarification dated 06.08.2022 runs contrary to the
provisions contained in Rule-56 of OCS (Pension)
Rules, 1992.
14. Accordingly, this Court has no hesitation to
hold that the letter dated 06.08.2022 has been issued
without having any jurisdiction and authority to
issue such a letter. Moreover, the content of such
letter are in conflict with the expressed provision
// 3 //
contained in sub-rule(5) of Rule-56 of OCS
(Pension) Rules, 1992. Accordingly, this Court has
no hesitation to hold that letter dated 06.08.2022 of
the Finance Department is illegal and contrary to
the rules.
5. In the present writ petition, the benefit of disability family
pension has also been rejected by referring to the aforesaid
Finance Department clarification dated 06.08.2022, which has
been held to be illegal by this Court in Pradipta Kumar
Pattanaik's case (supra). In such view of the matter, the
impugned rejection order in the present writ petition is also
unsustainable in the eye of law.
6. Keeping in view the aforesaid legal as well as factual
position, this Court is of the considered view that the conduct of
the Opposite Parties in rejecting the disability family pension by
referring to the clarification of the Finance Department vide
letter dated 06.08.2022 is illegal and, accordingly, the order
dated 22.02.2023 under Annexure-2 to the writ petition is hereby
quashed. Further, the Pension Sanctioning Authority is directed
to resubmit the pension papers to the office of the Principal
Accountant General, Odisha, Bhubaneswar within a period of
four weeks from today on production of certified copy of this
order by the Petitioner. Further, it is directed that in the event the
pension papers pertaining to the Petitioner are resubmitted by the
Pension Sanctioning Authority, the office of the Principal
Accountant General, Odisha, Bhubaneswar shall do well to
consider the same in the light of the observation made
hereinabove and keeping in view the judgment of this Court in
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Pradipta Kumar Pattanaik's case (supra) and pass orders in
conformity with the provisions of the Rule-56(5) of the OCS
(Pension) Rules, 1992, within a period of six weeks from the
date of resubmission of the pension papers. This Court further
directs that in the event there is no other legal impediment, the
Opposite Parties shall disburse the disability family pension in
favour of the Petitioner within a period of four weeks from the
date of taking a final decision in the matter.
7. With the aforesaid observation and direction, the writ
petition is disposed of.
( A.K. Mohapatra )
Judge
Debasis
