Surekha Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.7107 of 2022 Surekha Behera ....

Petitioner Mr. Sadasiva Patra-1, Advocate -versusState of Odisha and others ....

Opposite Parties Mr.YSP Babu, AGA for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

28.03.2022 01.

1.

This matter is taken up through Hybrid Arrangement Order No.

(Virtual/Physical Mode).

2.

Heard learned counsel for the Petitioner and learned counsel for the State.

3.

The wife of the petitioner has filed this writ petition seeking direction to opposite parties to allow pension to her late husband after completion of 5 years of service in work charged establishment or at least one day and family pension to the Petitioner with all consequential benefits along with 12% interest. 4.

Mr. Patra, learned counsel for the petitioner contended that similarly situated persons had approached the Orissa Administrative Tribunal in O.A. No. 1513 (C) of 2009 and OA No. 2348 (C) of 2009, which was disposed of on 11.06.2009 and 18.06.2018 respectively. Challenging the said orders, State has preferred W.P.(C) No. 27950 of 2019 and W.P.(C) No. 19550 of 2011, which was disposed of on 03.02.2021 confirming the orders passed by the

// 2 // Tribunal. Thereby, there is a direction from this Court that the petitioner therein should be treated to have been regularized in service at least one day prior to his superannuation, by creating supernumerary post, if necessary and accordingly, he shall be extended with the pensionary benefits as would be admissible to him. It is contended that in view of the orders passed by this Court, the husband of the petitioner being the same footing, is entitled to get the benefit of the said order. Accordingly, this writ petition may be disposed of in the light of the order dated 03.02.2021 passed by this Court as the said order has not been challenged before the apex Court till date.

5.

Considering the limited nature of grievance of the petitioner, this writ petition is disposed of directing the opposite parties to consider the grievance of the husband of the petitioner in the light of the orders passed in W.P.(C) No.27950 of 2019 and W.P.(C) No.19550 of 2011, disposed of on 03.02.2021 and pass appropriate order in accordance with law and extend the benefits to the husband of the petitioner, if she/he is otherwise eligible pursuant to said order as expeditiously as possible within a period of four months from the date of communication of this order.

6.

With the above observation and direction, the writ petition stands disposed of.

7.

Issue urgent certified copy as per rules.

(A.K. Mohapatra) Judge U.K.Sahoo