Orissa High Court
Sarojini Jena vs State Of Odisha & Ors. ..... Opposite ... on 19 March, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.7773 of 2025
Sarojini Jena ..... Petitioner
Represented By Adv. -
Prafulla Kumar
Mohapatra
-versus-
State Of Odisha & Ors. ..... Opposite Parties
Represented By Adv. -
Sasmita Nayak, A.S.C.
S.K. Patra, Standing
Counsel for A.G., Odisha
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
19.03.2025
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
humbly prayed 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 viz- Dharanidhar Rath, Gunanidhi Swain and
others in the light of the principles decided 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, State of Orissa vrs. Dharanidhar
Rath as well as the judgment passed by this Hon'ble
court in the case of Rajalaxmi Ranasingh, WPC(OAC)
No.2677 of 2008, decided vide judgment dated
23.7.2021 and the benefits already extended vide order
No.36656/R&DM, dt. 24.9.2013 as at Annexure- 3 & 4
and thereby quash the order dt. 03.07.2024 vide
Annexure-9 as the same has not been passed in
accordance with the spirit of the order vide Annexure-3
& 4 and release the arrear pension;
(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 had filed representation dated 16.08.2022
under Annexure-7 before the Secretary to Government of Orissa,
Revenue & Disaster Management Department, Bhubaneswar-
Opposite Party No.1 the same has not been considered despite the
principles decided vide Annexure-3 as well as decision vide
Annexure-4, which has been admitted vide order dated 24.09.2013
under Annexure-3 and judgment passed by this Court in Rajalaxmi
Ranasingh in WPC (OAC) No.2677 of 2008 decided on 23.07.2021.
5. Considering the submissions made, this Court observes that
the order dt.03.07.2024 is not sustainable in law and the same is
hereby quashed and the matter is remanded back to the Secretary to
Government of Orissa, Revenue & Disaster Management
Department, Bhubaneswar-Opposite Party No.1 to reconsider the
case of the Petitioner taking into account Annexures-3 and 4 as well
as the fact that the similarly situated persons, namely, Dharnidhar
Rath, Gunanidhi Swain & others, who stand in a similar footing like
that of the petitioner's husband vide Annexure-3 have already been
extended with such benefits. In the event the Petitioner approaches
such Opp. Party by filing a fresh representation within two weeks
from today. In the event husband of the petitioner stands on similar
footing with the persons vide Annexure-3, 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 order vide Annexure-4 and approved vide
Annexure-3 within a period of six weeks from the date of production
of certified copy of this order, if there is no other legal impediment.
It is needless to mention here that the case of the petitioner shall be
considered at par with Dharanidhar Rath and Rajalaxmi Ranasingh
keeping in view the judgment dated 23.07.2021 in WPC(OAC)
No.2677 of 2008 vide Annexure-4 and approval vide Annexure-3 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 observations/ directions, the writ petition is
disposed of.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra )
Judge
Anil
Digitally Signed Page 3 of 3.
Location: High Court of Orissa
Date: 20-Mar-2025 12:39:56
