Kumari Swain v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTACK

W.P.(C ) No.11865 of 2022 Kumari Swain ....

Petitioner -versusState of Odisha & Others ....

Opp. Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

18.7.2022

1. 1. This matter is taken up through Hybrid Mode. Order No

2. Heard learned counsel for the Petitioner.

3. The petitioner has filed this writ petition with the following prayer:- "Direct the opp. parties to grant similar benefit of minimum family pension in favour of the petitioner in terms of the recommendation vide Annexure-3, letter No.

943, dt.07.03.2017 as has been given to similarly situated persons by the Government in Revenue & D.M. Deptt. vide letter No.35277/RDM, dt. 19.12.2015 and letter No.9465/RDM, dt. 26.03.2016 as at Annexure-5 keeping in view the judgment of the Hon'ble Supreme Court of India in the case of K. Shephard and others Vrs. Union of India, reported in AIR 1988 S.C. 686 and Maharaj Bhatta and another Vrs. State of J.K. and others, reported in (2008) 9 SCC 24."

4.

The Petitioner has moved before Opposite Party No.1 seeking redressal of his grievances as made in the representation under Annexure-6 to the Writ Petition.

5.

Considering the submissions made and without expressing any opinion on the merits of

// 2 // the case, this Court directs Opposite Party No.1 to take a decision on the above noted representation of the petitioner in accordance with law, taking into account Annexure-3 and 5, within a period of three months from the date of receipt of certified copy of this order and communicate the result thereof to the Petitioner.

6.

With the aforesaid observation and direction the Writ Petition is disposed of.

(Biraja Prasanna Satapathy) Judge sangita