Basanti Mohapatra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.16291 of 2022 Basanti Mohapatra ....

Petitioner Mr.B.S.Tripathy, Advocate -versusState of Odisha & others ....

Opposite Parties Mr.P.C.Das, A.S.C..

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

11.07.2022 01.

1.

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

2.

Heard learned counsel for the Petitioner and the learned Additional Standing Counsel.

3.

The present writ application has been filed by a poor widow lady, who is ailing and it is submitted that she is also bed ridden and unable to move.

4.

The prayer in the writ application is for a direction to the Opposite Parties to sanction the family pension as well as the other pensionary benefit in favour of the Petitioner within a stipulated period of time.

5.

It is submitted by the learned counsel for the Petitioner that the husband of the Petitioner was working as Accounts Officer. After retirement her husband died on 08.01.2017. Till the death of the husband of the Petitioner, he was getting provisional pension. After the death of her husband, the Petitioner is not getting family pension although she is eligible to get such benefit.

// 2 // 4.

Learned Additional Standing Counsel on the other hand submits that since the Petitioner approached the authority by filing a representation, let a direction be issued to the authority to consider the case of the Petitioner expeditiously in accordance with law and in the event, it is found that the Petitioner is entitled to get pensionary benefit and other dues of her late husband, let the same be disbursed in favour of the Petitioner within a stipulated period of time. 5.

Considering the aforesaid submissions of the learned counsel for the parties and after examination of the records, this Court disposes of the writ application at the stage of admission without expressing any opinion on the merits of the case by directing the Opposite Party No.2 to consider the representation of the Petitioner under Annexure-7 within a period of four weeks from the date of production of certified copy of this order in accordance with law. In the event, it is found that the Petitioner is entitled to get such pensionary benefit/ family pension the same shall be disbursed in her favour within a period of another four weeks from the date of such decision.

6.

With the aforesaid observation the writ application stands disposed of.

7.

Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra ) Judge