Mamuni Dalei vs State Of Odisha And
2025 Latest Caselaw 10262 Ori

Orissa High Court

Mamuni Dalei vs State Of Odisha And on 20 November, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                      W.P.(C) No.29680 of 2023


       Mamuni Dalei                            ....                          Petitioner
                                                             Mr. B.S. Tripathy, Sr.
                                                         Advocate as Amicus curiae


                                                  -versus-

       State of Odisha and
       Others                                  ....                 Opp. Parties
                                                          Mr. M.R. Mohanty,
                                                                 AGA
                                                      Mr. S.K. Patra, Advocate
                                                            for O.P. No.3
                                                      Mr. S.P. Jena, Advocate
                                                            for O.P. No.4

                            CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY
                                    ORDER

20.11.2025 Order No

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

2. Heard learned counsel for the parties.

3. The Petitioner has filed the present Writ Petition with the following prayer: -

"It is therefore prayed that this Hon'ble Court may graciously be pleased to admit this writ application, call for the records, issue notice to the opp. parties and on hearing issue writ of mandamus directing the opp. parties to give 50% of the family pension in favour of the petitioner, though she is permanent 100% disability and unmarried daughter // 2 //

of deceased Govt, employee, for the interest of justice.

And pass any other Order/orders, direction/ directions as this Hon'ble Court would be deem fit and proper as facts and circumstances of the case."

4. It is contended that claim made by the petitioner in the present Writ Petition to get the benefit of Family Pension, is covered by the judgment delivered by the Hon'ble Apex Court in the case of Rameshwari Devi Vs. State of Bihar and Others and of this Court in the case of Sudha Das and Ors. Vs. Collector and Ors..

5. Learned Addl. Govt. Advocate on the other hand contended that if the claim as made in the Writ Petition is covered by the aforesaid order, let the petitioner move an appropriate application before Opp. Party No.2 for its consideration.

6. Having heard learned counsel for the parties and considering the submissions made, this Court while disposing the Writ Petition, permits the petitioner to move an appropriate application in the prescribed format before Opp. Party No.2 to get the benefit of Family Pension as prayed for. It is observed that if any such application will be moved before O.P. No.2 within a period of 3 (three) weeks hence, O.P. No.2 shall take a lawful decision on the same within a period of 3 (three) months from the date of receipt of such application.

6.1. It is further observed that while considering petitioner's claim for such sanction of family pension,

// 3 //

relevancy and effect of the judgments so cited (supra), be taken into consideration, if it is applicable to the petitioner's claim. Petitioner is directed to provide a copy of those judgments along with her application before O.P. No.2 for compliance.

7. The Writ Petition stands disposed of accordingly.

(Biraja Prasanna Satapathy) Judge

Basudev

Location: High Court of Orissa, Cuttack