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Orissa High Court
Shuvankar Mishra & Ors vs State Of Odisha & Ors. ..... Opposite ... on 25 March, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.9007 of 2026
Shuvankar Mishra & Ors. ..... Petitioner
Represented by Adv. -
Bijaya Kumar Behera 1
-versus-
State of Odisha & Ors. ..... Opposite Parties
Represented by Adv. -
D.K.Sahoo, A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
25.03.2026
Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel appearing for the Petitioners as well as
learned Additional Govt. Advocate appearing for the State-
Opposite Parties. Perused the writ application as well as the
documents annexed thereto.
3. The Petitioners have filed the present writ application with
the following prayer:
"It is therefore most respectfully prayed that, this
Hon'ble Court may graciously be pleased to:-
A. Admit this writ application.
B. As to why the notice dated 20.02.2026 issued by the
District Education Officer, opp. party no. 4 so far as the
opp. party nos. 7 and 8 are concerned, under Annexure-5
shall not be quashed, and,
C. As to why the opposite parties more particularly
opp. Party nos. 3 and 4 shall not be directed to finalize the
Pension/Family Pension, Gratuity as well as other
retirement benefits of the late sister of the petitioner
namely Miss Meghamala Mishra, in favour of the
petitioners, and to provide the same to the petitioners as
the legal heirs of the deceased Govt. employee, Instead of
the opp. party nos. 7 and 8, and,
D. And as to pass such other order or orders as this
Hon'ble Court deem fit and proper.
And on their failure to show cause or showing in
sufficient cause, this Hon'ble Court be pleased to make
the said RULE absolute by way of issuing appropriate writ
or writs, order or orders in the facts and circumstances of
the present case."
4. Learned counsel for the Petitioners at the outset contended
that the deceased government employee, who happens to be sister
of the present Petitioners, was appointed as Headmistress in
Palasahi Girls' High School on 25.06.1981. Thereafter, she was
appointed as Headmistress in Akhandalamani Nodal High School,
Aradi, on 30.06.1988. While this was the position, the father of the
deceased government employee died on 31.03.2008 and the
deceased government employee vide her request dated 31.01.2021
requested the DEO, Bhadrak to incorporate her younger sister,
Indubala Mishra, as her nominee in her service book. While
working as such, the deceased government employee, on attaining
the age of superannuation, retired from service on 31.01.2021,
while she was working as Headmistress in the government high
school, i.e., Akhandalamani Nodal High School, Aradi. Finally, on
21.02.2021, the government employee died. Thereafter, the mother
of the deceased government employee passed away on 16.07.2021.
5. After the death of the deceased government employee, there
arose a dispute among the surviving legal heirs with regard to
receiving the retiral dues as is due and admissible to the deceased
government employee. Legal heir certificate was issued in favour
of the Petitioners by the competent authority on 02.07.2021,
indicating therein that they are the legal heirs of the deceased
government employee. Again, another legal heir certificate was
issued in favour of the Opposite Party Nos.7 and 8 on 24.01.2022.
While the dispute remained unresolved, the Opposite Party No.4,
i.e., DEO, Bhadrak, issued a notice to the Opposite Party Nos.7 and
8 to hear them with regard to the dispute of payment of the retiral
dues as well as family pension as is due and admissible to the legal
heirs of the deceased government employee.
6. Learned counsel for the Petitioner at this justice contended
that the Petitioners pursuant to the aforesaid notice appeared before
the Opposite Party No.4 and they have filed their detailed reply
along with all supporting of documents. The Petitioners have also
filed their objection before the Opposite Party No.4 with regard to
issuance of legal heir certificate in favour of Opposite Party Nos.7
and 8. He further contended that the Opposite Party No.8 is a
government employee and Opposite Party No.7 is receiving family
pension as is due and admissible to her late husband, who was a
government employee. In such view of the matter, learned counsel
for the Petitioners contended that the Petitioners are entitled to get
the retiral dues as well as the family pension, if any, as is due and
admissible to the deceased government employee.
7. Learned counsel for the State on the other hand contended
that although he has no specific instruction in the matter, however,
on a careful examination of the pleadings in the writ application, it
appears that the dispute is pending before the Opposite Party No.4,
i.e., DEO, Bhadrak. He further submitted that as is evident from the
letter dated 20.02.2026 at Annexure-5, the DEO, Bhadrak, has
already issued notice to the legal heirs of the deceased government
employee to finalize their claim. In such view of the matter, the
learned Additional Government Advocate contended that since the
dispute is pending before the District Education Officer, Bhadrak,
Opposite Party No.4, he will have no objection if this court directs
the Opposite Party No.4 to resolve the dispute in accordance with
law, after providing opportunity of hearing to all concerned parties,
within a stipulated period of time.
8. Considering the submissions made by learned counsels for
the respective parties, on a careful examination of the background
facts, further keeping in view the limited nature of the dispute
involved in the present writ application and the fact that the same is
pending for adjudication before the DEO, Bhadrak, Opposite Party
No.4, this Court deems it proper to dispose of this writ application
at the stage of admission by directing the Opposite Party No.4 to
resolve the dispute with regard to the legal heirs of the deceased
government employee after providing due opportunity of hearing to
all concerned parties. The dispute among the parties shall be
disposed of by passing a speaking and reasoned order within a
period of eight weeks from the date of communication of a copy of
today's order. The final decision so taken be communicated to all
concerned parties. It is further made clear that the disbursal of the
retiral dues and any other financial benefits which is due and
admissible to the deceased government employee shall only be
disbursed after resolution of the dispute as has been directed
hereinabove.
9. With the aforesaid observations/ directions, the writ
application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 31-Mar-2026 10:59:50
