Pramila Swain vs State Of Odisha & Ors. ..... Opposite ...
2025 Latest Caselaw 1955 Ori

Orissa High Court

Pramila Swain vs State Of Odisha & Ors. ..... Opposite ... on 31 July, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

    IN THE HIGH COURT OF ORISSA AT CUTTACK
              WP(C) No. 12407 of 2021
Pramila Swain             .....       Petitioner
                                                       Mr. B.R. Barik, Advocate
                                    -versus-
State of Odisha & Ors.                 .....              Opposite Parties
                                                         Mr. A. Tripathy, AGA


                    CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
                     ORDER

31.07.2025

1. This matter is taken up through hybrid mode.

2. Heard learned counsel for the Petitioner and learned counsel appearing for the Opp. Parties.

3. Petitioner has filed the present writ petition inter alia with the following prayer:-

"It is therefore, prayed that this Hon'ble Court may be graciously pleased as to why the direction shall not be issued to grant and release the pension in favour of the husband of Petitioner w.e.f 01.06.2009 and the family pension w.e.f 01.03.2015 from the death of her husband shall not be sanctioned and paid to the Petitioner taking into account the period of service rendered under the Work-charged Establishment w.e.f 26.12.1977 to 31.05.2009 as qualifying service keeping in view of the judgment dt.02.09.2019 of the Hon'ble Supreme Court of India passed in Civil Appeal No.6798/2019 and after hearing, the Opp. Parties be directed to grant and release the pension in favour of the husband of Petitioner w.e.f 01.06.2009 and the family pension w.e.f 01.03.2015 from the death of her husband be sanctioned and paid to the Petitioner keeping in view of the judgment dt.02.09.2019 of the Hon'ble Supreme Court of India passed in Civil

Appeal No.6798/2019 in batch of case (Prem Singh -Vrs.- State of U.P and others) reported in (2019) 10 SCC 516 by counting the period of service rendered under the Work-charge Establishment w.e.f 26.12.1977 to 31.05.2009 as qualifying service along with arrears be paid to the Petitioner within a time to be stipulated by this Hon'ble Court.

And pass such other order (s) which will be deem fit and proper in the interest of justice.

And for which act of kindness the Petitioner as in duty bound shall ever pray."

4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a fresh representation before Opp. Party No. 1 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of three (3) weeks hence.

5. It is observed that if such representation is filed within the aforesaid time period, Opp. Party No. 1 shall do well to take a lawful decision on the same within a period of three (3) months from the date of receipt of such representation. The order so passed by Opp. Party No. 1 be communicated to the Petitioner.

6. With the aforesaid observation and direction, the Writ Petition is disposed of.

(BIRAJA PRASANNA SATAPATHY) Judge Jyoti

Location: HIGH COURT OF ORISSA