Orissa High Court
Subhagini Digal vs ) State Of Odisha ..... Opposite Parties on 18 February, 2025
Author: Aaditya Kumar Mohapatra
Bench: Aaditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.711 of 2025
Subhagini Digal ..... Petitioner
Represented By Adv. -
Laxmikanta Mohanty
-versus-
1) State Of Odisha ..... Opposite Parties
2) Collector And Dm, Kandhamal Represented By Adv. -
3) Block Development Officer. M/s. Sudhir Kumar
Phiringia Patra for Opp.Party No.4
4) Accountant General (a And E) ,
Odisha Mr.Samaresh Jena,ASC
CORAM:
THE HON'BLE MR. JUSTICE AADITYA KUMAR MOHAPATRA
ORDER
18.02.2025
1. This matter is taken up through hybrid mode.
2. Heard Mr. L.K. Mohanty, learned counsel for the
Petitioner, Mr. S.K. Samal, learned Additional Government
Advocate appearing for the State-Opposite Parties and Mr.
S.K. Patra, learned Counsel appearing for the O.P. No.4-
Principal Accountant General (A&E), Odisha, Bhubaneswar.
3. The present writ petition has been filed by the Petitioner
with the following prayer:-
"It is, therefore, prayed that this Hon'ble Court
may graciously be pleased to issue notice to the Opp.
Parties calling upon them to file show cause as to
why:-
i) A direction shall not been issued to quash the letter
dated 21.11.2024 issued by the opp. party no.4 under
Annexure -10 taking into consideration the order
passed by the opp. party no.1 dated 26.09.2027 under
Annexure 3 and order dated 30.06.2023 under
Annexure -5 and why direction shall not be issued to
release final pension and pensionary benefits of the
husband of the Petitioner with 9% interest thereon
from the date of entitlement till payment is released,
taking into consideration the judgment passed by the
Hon'ble Apex Court of India in between D.D. Tiwari
(dead) Versus Uttar Pradesh Bijili Bitaran Nigam
reported in AIR 2014 SC Page 2861.
ii) And hearing the parties be pleased to quash/ set
aside the letter dated 21.03.2024 issued by Opp. Party
No.4 under Annexure- 10 and direct the Opp. Parties
to release final pension and pensionary benefit
husband of the Petitioner in her favour with 9%
interest thereon from the date of entitlement till
payment is released.
And pass any other order/orders,
direction/directions as deemed fit and proper;"
4. It is submitted by learned counsel for the Petitioner that
the office of the Principal Accountant General (A&E),
Odisha, Bhubaneswar has objected the pay fix in respect of
the husband of the Petitioner by the competent authority.
Further, vide letter dated 21.11.2024, the pension papers
have been returned to the Collector & District Magistrate,
Kandhamal by the office of the Accountant General (A&E),
Odisha, Bhubaneswar in respect of the Petitioner with a
remark that the pension papers are being returned for want
of documents/incomplete information with a request to
resubmit the same duly complied with so as to enable the
office of the Accountant General to finalize the pension
payable to the Petitioner.
5. Mr. S.K Patra, learned Standing Counsel appearing for
the Principal Accountant General (A & E), Odisha,
Bhubaneswar submitted that the pension papers have been
returned due to want of documents/incomplete information
with a request to the concerned department to resubmit the
papers after duly complying with discrepancies noted in the
letter dated 21.11.2024. Therefore, he further contended
that in the event the pension papers may be resubmitted
after complying with the query raised by the office of the
Accountant General (A & E), Odisha, Bhubaneswar, the
claim with regard to pension of the Petitioner shall be
considered by the office of the Principal Account General (A
& E), Odisha, Bhubaneswar expeditiously in accordance
with law. Learned State Counsel has no objection to the
said proposition.
6. Taking into consideration the submission made by the
learned counsels for the respective parties and upon a
careful consideration of the background facts involved in the
present writ petition as well as on careful scrutiny of the
documents filed along with the writ petition, this Court
deems it proper to dispose of the writ petition at the stage of
admission by directing the Opposite Party No.2-Collector &
District Magistrate, Kandhamal to resubmit the pension
papers after compliance of the query raised by the Principal
Accountant General (A&E), Odisha, Bhubaneswar within
four weeks from the date of communication of this order. In
the event the pension papers are resubmitted as directed
hereinabove, the office of the Opposite Party No.4 shall do
well to sanction and disburse the pensionary benefits in
favour of the Petitioner within four weeks from the date of
resubmission of the pension papers as directed vide letter
dated 21.11.2024 under Annexure-10.
With the aforesaid observation and direction, the writ
petition stands disposed of.
Issue urgent certified copy of this order as per Rules.
(A.K.Mohapatra)
Judge
RKS
Digitally Signed Page 4 of 4.
Location: High Court of Orissa
Date: 19-Feb-2025 17:34:00
