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Orissa High Court
G. Jaga Rao And Anr vs State Bank Of India on 24 March, 2026
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.4242 of 2024
G. Jaga Rao and Anr. .... Petitioners
Mr. S. Rath, Adv.
-versus-
State Bank of India,
BBSR and Others
.... Opp. Parties
Mr. D.K. Mohapatra,
Advocate for the Bank
Mr. D.R. Bhokta, CGC for
O.P. No.4
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
Order ORDER
No 24.03.2026
04. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical) Mode.
2. Pursuant to order dated 26.02.2026, learned counsel
for the petitioners filed 2 (two) separate affidavits duly
sworn by the petitioners in Court. The same be kept in
record.
3. Heard learned counsel for the Parties.
4. The present Writ Petition has been filed inter alia
with the following prayer:-
// 2 //
"Under the facts and circumstances stated
above, the petitioner therefore prays that, this
Hon'ble Court may graciously be pleased to issue
appropriate Writ/Writ(s) in the nature of writs of
Certiorari quashing the Letter dtd.07.09.2023
under Annexure-6 after declaring the same as
illegal;
And further be pleased to issue a writ in the
nature of a writ of Mandamus directing the
Opposite Parties to disburse the sanctioned PPG
amount and arrear amounts of their unmarried
sister Late G. Mahalaxmi within a stipulated
period with interest."
5. It is contended that petitioners are the brothers of
the deceased G. Mahalaxmi, who happens to be the
unmarried daughter of the original pensioner namely G.
Lachhaya. It is contended that while in receipt of pension,
when the original pensioner G. Lachhaya died, benefit of
Family Pension was sanctioned in favour of G.
Appalamma, wife of the original pensioner.
5.1. It is contended that while in receipt of Family
Pension, when the wife of the deceased pensioner died on
03.10.2016
, the unmarried daughter namely G.
Mahalaxmi made her claim to get the benefit of Family
Pension w.e.f. 04.10.2016, taking into account the death
of G. Appalamma on 03.10.2016, so reflected under
Annexure-1.
5.2. It is contended that even though the unmarried
daughter of the original pensioner made the claim to
receive the Family Pension being the unmarried daughter
immediately after the death of her mother on 04.10.2016,
// 3 //
but such family pension was only sanctioned on
31.05.2022.
5.3. It is further contended that since by the time such
Family Pension was sanctioned in favour of the unmarried
daughter on 31.05.2022, she had already died on
10.06.2021, so reflected in the death certificate available
under Annexure-2, she could not reap the benefit of
Family Pension, for the period 04.10.2016 to 10.06.2021,
so sanctioned by the department on 31.05.2022.
5.4. It is accordingly contended that since the benefit of
Family Pension so due and admissible to the deceased
sister of the present petitioners G. Mahalaxmi for the
period 04.10.2016 to 10.06.2021, was not enjoyed by their
deceased sister because of the delayed sanction of the
same on 31.05.2022, petitioners being the brothers of the
deceased G. Mahalaxmi, are entitled to get the benefit of
family pension for the period 04.10.2016 to 10.06.2021.
5.5. It is also contended that the present petitioners are
the only legal heirs of their deceased sister G. Mahalaxmi
so available under Annexure-3 and they have got no other
source of income save and except the earning of a daily
wage worker. It is contended that when petitioners raised
such a claim before Opp. Party-Bank, the same was
rejected without proper appreciation vide the impugned
communication dated 07.09.2023 under Annexure-6.
// 4 //
5.6. Learned counsel for the petitioner accordingly
contended that Opp. Party No.4 be directed to release the
benefit as due and admissible of their deceased sister G.
Mahalaxmi for the period 04.10.2016 to 10.06.2021 in
favour of the present petitioners.
6. Mr. D.K. Mohapatra, learned counsel for the Bank on
the other hand contended that since by the time the
family pension was sanctioned in favour of G. Mahalaxmi,
she had already died on 10.06.2021, in absence of any
account being opened in the name of the deceased sister
of the petitioners, pension amount could be released in
favour of the petitioners. Accordingly their claim was
rejected vide Annexure-6.
7. Learned CGC appearing for Opp. Party No.4 on the
other hand contended that since by the time the Family
Pension was sanctioned in favour of the late sister of the
petitioners on 31.05.2022, she had already died on
10.06.2021, the same amount could not have been
released in her favour.
8. Having heard learned counsel for the parties and
considering the submissions made, it is found from the
record that on the death of the deceased pensioner, his
wife namely G. Appalamma was sanctioned with the
benefit of Family Pension which is not disputed. However,
on the death of G. Appalamma on 03.10.2016, the
unmarried daughter of the deceased employee G.
// 5 //
Mahalaxmi raised her claim to get the benefit of Family
Pension w.e.f. 04.10.2016.
8.1. However, by the time such Family Pension was
sanctioned in her favour on 31.05.2022, the aforesaid G.
Mahalaxmi/Sister of the present petitioners had already
died on 10.06.2021.
8.2. In view of such eventuality, this Court finds no
illegality or irregularity with the impugned communication
issued by the Bank under Annexure-6. However,
considering the fact that family pension so sanctioned in
favour of the late sister of the petitioners on 31.05.2022,
for the period 04.10.2016 to 10.06.2021 could not be
enjoyed by her, it is the view of this Court that petitioners
should make their claim before Opp. Party No.4 to get the
aforesaid benefit. It is observed that if any such
application will be moved before Opp. Party No.4 within a
period of 3 (three) weeks hence, Opp. Party No.4 shall take
a lawful decision on the same within a period of 3 (three)
months from the date of receipt of such application, with
due communication to one of the petitioner.
9. The Writ Petition stands disposed of accordingly.
Digitally Signed Judge
High Court of Orissa, Cuttack
Date: 26-Mar-2026 10:54:00
