Premasila Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 27357 of 2022 Premasila Jena ....

Petitioner Mr. S.B. Jena, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. B.P. Tripathy, AGA

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

15.11.2022 Order No.

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-Opposite Parties.

3.

The present writ petition has been filed by the Petitioner with the following prayers:

"Under the aforesaid facts and circumstances of the case, it is, therefore, prayed that this Hon'ble Court may graciously be pleased to issue a writ of mandamus by directing the opp. parties to grant additional family pension in favour of the petitioner in accordance with law with effect from 01.02.2020. And further be pleased to direct the opp. parties to pay the additional family pension with 18% interest for the delayed payment.

Or pass such other order/orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

4.

It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation before the Opposite Party No.2 under Annexure-3, but the same is still pending before the said Opposite party and the said Opposite Party has not taken any decision as of now.

// 2 // 5.

Learned counsel for the State submits that he has no objection, if a direction is given to the authority concerned to consider the grievance petition of the Petitioner in accordance with law within a stipulated period of time.

6.

Considering the submissions made by the respective parties and without expressing any opinion on the merits of the case, this Court disposes of the writ petition at the stage of admission with a direction to the Opposite Party No.2 to consider the representation of the Petitioner under Annexure-3 in accordance with law within a period of eight weeks from the date of production of certified copy of this order. It is needless to mention here that the representation of the Petitioner shall be considered and disposed of by passing a speaking and reasoned order. Any decision so taken on the said representation shall be communicated to the Petitioner within a period of two weeks thereafter.

7.

Urgent certified copy of this order be granted on proper application. (A.K. Mohapatra) Judge Debasis