Gitanjali Mohanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.22940 of 2022 Gitanjali Mohanty ....

Petitioner -versusState of Odisha & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

21.09.2022 01.

1. This matter is taken up through Hybrid Arrangement Order No (Virtual/Physical) Mode.

2. Heard learned counsel for the Petitioner and learned counsel for the Opposite Parties.

3. The Petitioner has filed the present Writ Petition with the following prayer:- "The petitioner therefore prays that your lordships may graciously be pleased to:- i) Direct the opp. Parties to sanction family pension in favour of the petitioner being a divorcee daughter of deceased Govt. servant in terms of Govt. decision vide Notification dated 23.07.2011 and office Memorandum dated 11.09.2013 as has been given to similarly situated persons in view of the fact that the intension of the legislature is benevolent in nature and thereby quashing the letter dated 8.10.2021 as the same is illegal and not in consonance with the guidelines as laid down in Govt. Notification and office Memorandum vide Annexure-3;

ii) Pass such other orders /directions as may be deemed fit and proper in the bonafide interest of justice.

iii) And for which act of kindness, the Petitioner as in duty bound shall ever pray."

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4. Learned counsel for the Petitioner further submits that through highlighting her grievances, the Petitioner has filed an application at Annexure-6 to the Writ Petition before the O.P. No.1, but till date nothing has been done in the matter. In such background, learned counsel for the Petitioner prays that a direction be issued to Opposite Party No.1 to take a decision on the above noted Petition within a specific time period.

5. Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs Opposite Party No.1 to take a decision on the above noted petition in accordance with law within a period of three (3) months from the date of receipt of this order and communicate the result of such exercise to the Petitioner.

6. The Writ Petition is disposed of accordingly. (Biraja Prasanna Satapathy) Judge Sneha