Puspa Gouda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.11921 of 2022 Puspa Gouda ....

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

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

27.06.2022 01.

1.

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

2.

Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the record.

3.

The petitioner has filed this writ petition seeking direction to opposite parties to allow pension and pensionary benefits of her late husband after completion of 5 years of service in work charged establishment or at least one day and family pension 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 O.A. 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 petitioner being on 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 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 also in the light of orders dated 16.11.1999 & 27.08.2021, which is annexed as Annexures-4 series to the writ petition and pass appropriate order in accordance with law and extend the benefits to the Petitioner, if she is otherwise eligible pursuant to said order as expeditiously as possible within a period of two months from the date of communication of this order. 6.

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

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Judge Jagabandhu