Sridhar Kumar Pattnaik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.10018 of 2022 Sridhar Kumar Pattnaik ....

Petitioner Mr. S.B. Mohanty, Advocate -versusState of Orissa and others ....

Opposite Parties Mr. K.K. Nayak, ASC for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

02.05.2022 Order No.

01.

1.

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

2.

Heard Mr.S.B. Mohanty, learned counsel for the Petitioner and Mr.K.K. Nayak, learned Additional Standing Counsel for the State.

3.

The present writ petition has been filed by the Petitioner with the following relief:

"It is therefore prayed that this Hon'ble Court may graciously be pleased to direct the Opposite Parties more particularly Treasury Officer, Khurda and Branch Manager, Indian Bank, Deulasahi, Tulasipur, Cuttack to send the pension payment order of this (deceased mother) to the A.G., Odisha for authorization of Family Pension within a time frame as fixed by this Hon'ble Court. And may pass any other appropriate order/orders, direction/directions as deem fit and proper in the interest of justice."

// 2 // 4.

It is submitted by learned counsel for the Petitioner that Petitioner is a disabled person and he has no source of income other than the pensionary benefits which was payable to the mother of the Petitioner after her death, Petitioner is entitled to get the pension as per the Pension Rules. Learned counsel for the Petitioner further draws attention of this Court to the letter dated 15.2.2022 (Annexure-9), whereunder the Treasury Officer, Special Treasury, Khordha wrote a letter to the Branch Manager, Indian Bank, Deulasahi, Cuttack requesting him to send both halves of PPOs of Late Ashamani Dei, holder of PPO-No.

14014/SF to the office of Special Treasury, Khordha with non-payment certificate with seal and signature for on toward transmission to the same to the Office of the Accountant General, Odisha, Bhubaneswar, for sanction of family pension in favour of his disable Son Sri Sridhar Kumar Pattanaik. It is further submitted by learned counsel for the Petitioner that pursuant to the aforesaid letter, the Bank Manager, Indian Bank, Deulasahi, Cuttack, has not taken any action. Therefore, learned counsel for the Petitioner prays that a direction may be issued to the Opposite Party No.4 to forward the papers as has been requested by the Treasury Officer, Khordha, Opposite Party No.3 in his letter dated 15.2.2022.

5.

Learned counsel for the State on the other hand submits that since the matter is under active consideration of the Authorities and the same shall be considered after receiving all the papers for taking final decision in the matter, therefore he also submits that Opposite Party No.4 may be directed to forward necessary papers to Opposite Party No.3, who in turn sent to the Office of the Accountant General, Odisha, Bhubaneswar, for grant of family pension as admissible to the present Petitioner.

// 3 // 6.

Considering the aforesaid submissions and keeping in view the limited nature of grievance, this Court disposed of the writ petition at the stage of admission directing the Branch Manager, Indian Bank, Deulasahi, Cuttack, Opposite Party No.4 to act upon the letter of the Opposite Party No.3 dated 15.2.2022 and do the needful within two weeks from the date of production of certified copy of this order. Further the Opposite Party No.3 is directed to do the needful within a period of four weeks thereafter and forward all relevant documents to the office of the Accountant General, Odisha, Bhubaneswar, for sanction of pension and pensionary benefits to the present Petitioner.

7.

With the above direction, the Writ Petition stands disposed of.

8.

Issue urgent certified copy as per rules.

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