Minakshi Biswal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.954 of 2022 Minakshi Biswal .....

Petitioner Mr. M. Pati, Advocate Vs.

State of Odisha & Ors.

.....

Opposite parties State Counsel

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

19.01.2022 Order No.

This matter is taken up through video conferencing mode.

2.

Heard Mr. M. Pati, learned counsel for the petitioner and learned Additional Standing Counsel for the State. 3.

Taking into account the allegation made by learned counsel for the petitioner, this Court is of the opinion that disentitling the husband of the petitioner from the benefit of 2nd and 3rd RACP on the premises that the benefit will be granted only to those candidates who have obtained order of the Court, amounts to utter disregard of the order of this Court. Thus while expressing serious displeasure on the attitude of the Government Officials dealing with such aspect, this Court expects there will be no repetition of such type of orders by the competent authority any further. 4.

Be that as it may, while allowing this writ petition,

this Court directs the appropriate authority-opposite parties to grant the benefit of 2nd and 3rd RACP @ Rs.4,600/- and Rs.4,800/- w.e.f. 01.01.2013 and 03.07.2015 respectively in favour of the husband of the petitioner by undertaking the entire exercise within a period of two weeks from the date of communication of this order by the petitioner. 5.

The writ petition stands disposed of with the above direction.

6.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court's Notice No.4587 dated 25th March, 2020, as modified by Court's Notice No. 4798 dated 15th April, 2021 and Court's Office Order circulated vide Memo Nos. 514 and 515 dated 7th January, 2022. Alok (DR. B.R. SARANGI) JUDGE