Dulei Nag @ Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.24404 of 2022 Dulei Nag @ Naik ....

Petitioner -versusState of Odisha and others ....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY Order No.

ORDER

17.10.2022 01.

1.

This matter is taken up through hybrid mode.

2.

Heard Mr. B.R. Barik, learned counsel for the Petitioner, Mr. B. Panigrahi, learned Additional Standing Counsel appearing for the State-Opposite Parties and Mr. S.K. Patra, learned Standing Counsel appearing for the Opposite Party No.3.

3.

At the outset, Mr. S.K. Patra, learned Standing Counsel appearing for the Opposite Party No.3-Accountant General (A&E), Odisha, Bhubaneswar submits that the required pension papers for sanction of family pension has not been forwarded as yet and accordingly Opposite Party No.3 is not in a position to consider the Petitioner's grievance. 4.

Mr. B.R. Barik, learned counsel for the Petitioner, on the other hand, submits that the Petitioner's husband while in receipt of pension died on 22.102011 and the Opposite Party No.4-Divisional Forest Officer, Rairakhol is not taking any

// 2 // action in considering the grievance of the Petitioner for sanction of family pension.

5.

This Court, after going through the materials available on record, finds that the Petitioner has not filed the relevant documents along with the required application before the Opposite Party No.4-Divisional Forest Officer, Rairakhol as yet. 6.

Therefore, this Court, while disposing of the writ petition, permits the Petitioner to move the Opposite Party No.4-Divisional Forest Officer, Rairakhol with all relevant documents. It is observed that on her appearance before the Opposite Party No.4, the Opposite Party No.4 shall accept the documents and take necessary steps for sanction of family pension in favour of the Petitioner. The Opposite Party No.4 shall do the needful on receipt of the application form along with relevant documents within a period of one month from the date of receipt of such application. It is further observed that Opposite Party No.3 on receipt of the pension papers from the Opposite Party No.4 shall also take necessary steps for sanctioning the family pension within a further period of 2 (two) months, as the Petitioner's husband has died since 22.10.2011 and the Petitioner is living with poverty.

7.

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

(Biraja Prasanna Satapathy) Judge Debasis