Orissa High Court
Nilima Tripathy vs ) State Of Odisha on 24 January, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.31761 of 2024
Nilima Tripathy ..... Petitioner
Represented By Adv. -
Mr. Prafulla Kumar
Mohapatra
-versus-
1) State Of Odisha, represented ..... Opposite Parties
through its Secretary to Govt. of
Odisha, Revenue & Disaster
Management Department, Lok
Seva Bhawan, Bhubaneswar.
2) Secretary to Govt. Of Odisha, Represented By Adv. -
Finance Department, Lok Seva Mr. M.R. Patra, ASC
Bhawan, Bhubaneswar.
3) Director of Land Records, Mr. S.K. Patra,
Standing Counsel for
Surveys and Consolidation, Odisha
the A.G., Odisha.
Board of Revenue, Cuttack
4) Dy. Director Of Consolidation,
Berhampur
5) Addl. Sub Collector,
Consolidation, Berhampur
6) Collector & District Magistrate,
Cuttack, Cuttack
7) Accountant General (A & E),
Odisha, Bhubaneswar
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
24.01.2025
Order No.
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 and Mr. S.K. Patra, learned Standing
Counsel for AG, Odisha. Perused the writ petition as well as
documents annexed thereto.
3. The present writ petition has been filed by the Petitioner
with the following prayers:-
"Under the aforesaid facts and circumstances,
it is therefore, prayed that this Hon'ble Court may
graciously be pleased to:
(i) direct the Opp. Parties to grant / sanction family
pension in favour of the Petitioner, as has been given
to similarly situated persons viz. Chanchala Sahu,
Sanjukta Padhy, Malati Jena, Suvadra Rana,
Puspalata Parida, Pratima Mohanta and others vide
Annexure-4 taking into consideration the Govt.
Letter No.l3268/R&DM, dated 13.07.2023 vide
Annexure-11 within a stipulated period and thereby
quash the Order, dated 10.07.2024 vide Annexure-8
(ii) pass such other order(s) or issue direction(s) as
may be deemed fit and proper in the bona fide
interest of justice."
4. It is submitted by learned counsel for the Petitioner that
although the Petitioner has filed representation dated 19.01.2022
under Annexure-5 before the Secretary to Government of
Odisha, Revenue & Disaster Management Department,
Bhubaneswar-Opposite Party No.1, the same has been rejected
vide Annexure-8 without following the decision vide
Annexures-11 & 12 and judgment passed by this Court in
Rajalaxmi Ranasingh in WPC (OAC) No.2677 of 2008 decided
on 23.07.2021 and the benefits given to 38 nos. of similarly
situated J.C. employees vide Clause-D of the proceeding dated
13.07.2015 vide Annexure-10.
5. Considering the submissions made, this Court observes
that the order dated 10.07.2024 under Annexure-8 is not
sustainable in law and the same is hereby quashed and the
matter is remanded back to the Secretary to Government of
Odisha, Revenue & Disaster Management Department,
Bhubaneswar-Opposite Party No.1 to reconsider the case of the
Petitioner taking into account Annexures-11 and 12 as well as
the fact that the similarly situated persons, namely, Nrusingha
Ch. Mohanty, Nagendra Ch. Lenka & others, who stand in a
similar footing like that of the Petitioner's husband vide
Annexures-10, 11 and 12 have already been extended with such
benefits. In the event petitioner is on similar footing with the
persons vide Annexures-3 & 4, who have been extended with
such benefits, the Opposite Party No.1 shall consider the same
and extend such benefit to the petitioner in accordance with law
keeping in view the orders vide Annexures-11 & 12 within a
period of six weeks from the date of production of certified copy
of this order. It is needless to mention here that the case of the
Petitioner shall be considered at par with Nrusingha Ch.
Mohanty and Nagendra Ch. Lenka keeping in view the
judgment of this Court in Rajalaxmi Ranasingh in WPC(OAC)
No.2677 of 2008 as well as O.J.C. No.13474 of 2001 and
dispose 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.
6. With the aforesaid observation/direction, the writ petition
is disposed of.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra )
Judge
Debasis
