Orissa High Court
) Sukanti Dang vs ) State Of Odisha ..... Opposite Parties on 19 February, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.2847 of 2025
1) Sukanti Dang ..... Petitioners
2) Dhadhali Mahanto Represented By Adv. -
3) Pramila Das Siba Prasad Swain
4) Mamata Sahoo
5) Sarojini Das
6) Haramani Moharana
-versus-
1) State Of Odisha ..... Opposite Parties
2) Principal Secretary , Finance Represented By Adv. -
Department Govt. Of Odisha. Ms. B.KSahu, A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
19.02.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioners as well as learned
counsel for the State-Opposite Parties.
3. The present writ application has been filed by the widow of the
VLWs with a prayer for a direction to the Opposite Parties to
grant/release the minimum pension and pensionary benefits of deceased
husband along with interest in favour of the petitioners by taking into
consideration order dated 31.01.2024 under Annexure-4 within a
stipulated period of time.
4. Learned counsel for the petitioners at the outset contended that
the deceased husband of the petitioners stand in a similar footing with
one Niranjan Biswal. He further contended that in the case of Niranjan
Biswal, this Court had allowed similar benefits in W.P.(C) No.6267 of
2018 (State of Odisha and others vs. Niranjan Biswal). He further
contended that in the aforesaid judgment the Division bench of this
Court has upheld the judgment of the OAT, whereunder the
abovenamed Niranjan Biswal has been granted similar benefits as has
been claimed by the present petitioners. He further submitted that the
order passed by the Division Bench, was challenged before the Hon'ble
Supreme Court by the State-Opposite Parties by filing SLP No.28065 of
2019. The aforesaid SLP has been dismissed vide order dated
18.05.2022. In such view of the matter, learned counsel for the
petitioners further contended that the case of the deceased husband of
the petitioners are squarely covered by the ratio laid down by this Court
in Niranjan Biswal's case. He further contended that in a similar matter
in Tabha Sahoo and others vs. State of Odisha and another in W.P.(C)
No.12352 of 2024, this Court while disposing of the writ petition vide
order dated 16.05.2024 directed the Opposite Parties to consider the
case of the petitioners in the light of the aforesaid Niranjan Biswal's
case and that the ratio laid down abovenamed Niranjan Biswal's case
has attained finality.
5. Learned counsel for the State on the other hand objected to the
prayer made in the present writ application. He further submitted that it
is not an established as to whether the case of deceased husband of the
petitioners stand in a similar footing with the Niranjan Biswal, or that
the order passed by the Division Bench has been confirmed by the
Hon'ble Supreme Court. He further contended that unless it is
established the case of deceased husband of the petitioners stand in a
similar footing with the abovenamed Niranjan Biswal he cannot get the
similar benefits. On such ground, learned counsel for the State objected
to the writ application.
6. Having heard the learned counsels appearing for the respective
parties, on a careful examination of the materials on record, this court
observes that the petitioners have not approached the Opposite Party
No.1 as of now, claiming the benefit which has claimed in the present
writ application. Accordingly, this court deems it proper to dispose of
the writ petition by granting opportunity to the petitioners to approach
the Opposite Party No.1 by filing a detailed representation taking
therein all the grounds within two weeks from today. In such
eventuality, the Opposite Party No.1 shall do well to consider the
representation of the petitioners within a period of eight weeks from the
date of receipt of the copy of the representation along with copy of
today's order by passing a speaking and reasoned order. While
considering the representation of the petitioners the Opposite Party
No.1 shall apply the ratio laid down in State of Odisha and others vs.
Niranjan Biswal, in the event it is found that the case of deceased
husband of the petitioners stand in a similar footing with the
abovenamed Niranjan Biswal, then the similar benefits be extended in
favour of the petitioners.
7. With the aforesaid observation and direction, the writ application
stands disposed of.
8. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Rubi
Location: High Court of Orissa, Cuttack
