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Orissa High CourtWP(C)/9473/2022disposed off

Labanya Patra v. State Of Odisha

2022-05-06Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.9473 of 2022 Labanya Patra ....

Petitioner Mr.Chittaranjan Patnaik, Advocate -versusState of Odisha and others ....

Opposite Parties Mr.Y.S.P.Babu, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

06.05.2022 01.

1.

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

2.

Heard learned counsel for the Petitioner as well as learned Additional Government Advocate.

3.

The present writ application has been filed by the Petitioner with the following prayer:

" Under such circumstances, it is therefore prayed that Your Lordships would be graciously pleased to admit this writ application, call for the records and after hearing the parties may be pleased to issue a writ/s/order/s/direction/s in the nature of mandamus directing the authority to sanction family pension and other retirement dues of her late husband, in her favour forthwith preferably within a stipulated period as this Hon'ble Court deems just and proper;

And further may pass any other order/s/direction/s as this Hon'ble Court deems just and proper to give relief to the Petitioner."

4.

It is submitted by the learned counsel for the Petitioner that ventilating her grievance, the Petitioner has filed a detailed representation before the Superintending Engineer, Rengali Dam Division, Rengali, Opposite Party No.4 on 14.03.2022 under Annexure-5. It is also submitted by the learned counsel for the

// 2 // Petitioner that the said representation is pending without consideration as of now.

5.

Learned Additional Government Advocate on the other hand submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.4, which is stated to be pending, within a stipulated period of time in accordance with law. 6.

Considering the limited nature of grievance of the Petitioner, the writ application is disposed of at the stage of admission with a direction to the Opposite Party no.4 to consider the representation of the Petitioner in accordance with law within a period of two months from the date of production of certified copy of this order. The Opposite Party No.4 shall do well to dispose of the representation of the Petitioner taking into consideration the order of the learned Tribunal passed in O.A.No.2675(C) of 1999. In the event it is found that the Petitioner is covered under the order passed in the aforesaid case, the family pension as is due and admissible be released within two months.

6.

With the aforesaid observation, the writ application stands disposed of.

8.

Issue urgent certified copy as per Rules.

RKS ( A.K. Mohapatra ) Judge