Orissa High Court
Sulochana Paikaray vs State Of Odisha And Others ..... ... on 25 June, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.16826 of 2025
Sulochana Paikaray ..... Petitioner
Represented By Adv. -
Prafulla Kumar
Mohapatra
-versus-
State Of Odisha and others ..... Opposite Parties
Mr. S.K. Parhi, ASC
Mr. S.K. Patra, Standing
Counsel for A.G.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
25.06.2025
Order No.
01. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Parties. 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:
"The petitioner therefore prays that this Hon'ble
Court may graciously be pleased to:
(i) direct the opp. Parties to grant similar
benefit of family pension as has been given
to similarly situated persons in view of the
principles decided by this Hon'ble court in
the case of State of Orissa vr.
Dharanidhar Rath by this Hon'ble court in
O.J.C. No.13471/2001, which has been
confirmed by the Hon'ble Supreme court
in SLP(C) CC No. 12467 of 2013 and
implementation order of the Govt. in
Revenue & D.M. Department vide order
No.36656/R&DM, dt. 24.9.2013 as at
Annexure- 3 as well as the decision in the
case of Rajalaxmi Ranasingh, WPC(OAC)
No.2677 of 2008, decided vide judgment
dated 23.7.2021 within a stipulated
period;
(ii) Pass such other order(s)/direction(s) as
would deem fit and proper;
4. It is submitted by learned counsel for the petitioner that
although the petitioner has filed representation dated 10.07.2024
under Annexure-6 before the Secretary to Government of Orissa,
Revenue & Disaster Management Department, Bhubaneswar-
Opposite Party No.1 the same is still pending before the said
Opposite party and the said Opposite Party have not taken any
decision as of now.
5. Considering the submissions made, the limited nature of
grievance of the petitioner, this Court disposes of the writ petition at
the stage of admission with a direction to the Secretary to
Government of Orissa, Revenue & Disaster Management
Department, Bhubaneswar-Opposite Party No.1 to consider the
representation of the petitioner dated 10.07.2024 under Annexure-6
taking into account Annexures-3 and 4 as well as the fact that the
similarly situated persons like that of the petitioner vide Annexures-3
& 4 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 Parties
shall consider the same and extend such benefit to the petitioner in
accordance with law 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 representation of the petitioner shall be considered
keeping in view the judgment of this Court in Rajalaxmi Ranasingh
in WPC(OAC) No.2677 of 2008 as well as Dharanidhar Rath in
O.J.C. No.13471/2001 and disposed 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.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Digitally Signed Page 3 of 3.
Location: High Court of Orissa, Cuttack
Date: 30-Jun-2025 17:45:01
