Rita Tripathy vs Puspalata Tripathy
2025 Latest Caselaw 4672 Ori

Orissa High Court

Rita Tripathy vs Puspalata Tripathy on 5 March, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                            GUAP No.8 of 2024

     Rita Tripathy                             ...          Appellant
                                    Mr. P.K. Khuntia, Advocate
                              -versus-
     Puspalata Tripathy                     ...    Respondent
                                             Mr. B. Das, Advocate
                               CORAM:
                        JUSTICE G. SATAPATHY
                              ORDER(ORAL)

Order No. 05.03.2025

05. I.A. No. 13 of 2024 & GUAP No. 08 of 2024

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard, Mr. Pradeep Kumar Khuntia, learned counsel for the Appellant and Mr. Budhiram Das, learned counsel for the Respondent.

3. Admit.

4. The digitized copy of the LCR be called for from the learned trial Court.

5. Mr. Pradeep Kumar Khuntia, learned counsel for the Appellant submits that unless the impugned order is stayed, the authority concerned will disburse the amount in dispute and since the Appellant is the mother of the deceased, at least 1/3rd of the retiral benefits of her son which the disputed amount should not be disbursed to anyone.

6. In view of the aforesaid submission, as an interim measure, the authority concerned may proceed

to disburse the pecuniary retiral benefits of the deceased-employee to the Respondent in terms of the judgment passed by the learned trial Court by keeping disbursement of 1/3rd of such amount in abeyance which shall be disbursed to appropriate person after disposal of the Appeal.

7. List this matter on 10.04.2025.

(G. Satapathy) Judge

Priyajit

Location: HIGH COURT OF ORISSA