Narasingha Barik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.17577 of 2022 Narasingha Barik ....

Petitioner Mr. Karunakar Rath, Adv.

-versusState of Odisha and Ors.

....

Opposite Parties Mr. Saswat Das, AGA

CORAM:

DR. JUSTICE S.K. PANIGRAHI Order No.

ORDER

04.08.2022 01.

1. This matter is taken up through hybrid arrangement.

2. Heard.

3. Learned counsel for the petitioner submits that on the basis of the recommendation of 7th Central Pay Commission, Government of India, Ministry of Finance (Department of Expenditure) vide Notification No.G.S.R.- 721(E), dated 25th July, 2016, the quantum of additional pension/ family pension available to the pensioners/ family pensioners for both pre-2016 and post-2016 from 80 years to less than 85 years shall be 20% of revised basic pension/ family pension. Accordingly, the petitioner claims such 20% of revised basic pension/ family pension since he has attained the age of 81 years.

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4. At this stage, learned counsel for the petitioner states that the petitioner has submitted his representation to the Deputy Secretary to Government, Department of Housing and Urban Development, Odisha, Bhubaneswar who has not been made party in the instant petition. Hence, the petitioner may be given liberty to file a fresh representation before the opposite party No.2-Secretary, Department of Housing and Urban Development, Odisha, Bhubaneswar ventilating his grievance.

5. In that view of the matter, this Writ Petition is disposed of giving liberty to the petitioner to file a fresh representation before the opposite party No.2-Secretary, Department of Housing and Urban Development, Odisha, Bhubaneswar along with a copy of this order and a copy of the Writ Petition. On such event, the opposite party No.2-Secretary, Department of Housing and Urban Development, Odisha, Bhubaneswar shall consider the representation to be filed by the petitioner in the light of Resolution dated 7th September, 2017 under Annexure-3 issued by the Government of Odisha, Finance Department and dispose of the same within a period of one month from the date of submission of the representation.

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6. Accordingly, this Writ Petition is disposed of.

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

(Dr. S.K. Panigrahi) Judge BJ