Premashila Digal v. Divisional Forest Officer

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C)(OAC) No.497 of 2016 Premashila Digal & Anr.

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Petitioners -versusState of Odisha & Anr.

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Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

19.09.2022

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

2. Heard Mr. B.K. Parida, learned counsel for the Petitioners and Mr. B. Panigrahi, learned ASC appearing for the Opp. Parties.

3. The present writ Petition has been filed with the following prayer:- "(i) Admit the original application.

(ii) Issue notice to the respondents.

(iii) To give family pension in equal share with 18% penal interest accrued thereon by setting aside the letter dated 20.03.2015 under Annexure-7 within a stipulated period.

(iv) any other relief(s) be passed as deem fit and proper in the interest of justice."

4. It is submitted by learned counsel for the Petitioner that the Petitioner No. 2 got married during subsistence of the first marriage

// 2 // of the deceased employee on 30.10.1984 and an affidavit has been filed to that effect by the said Petitioner No. 2.

5. In view of the admission of the Petitioner No. 2 that she has married the deceased Govt. employee during subsistence of the first marriage, the Petitioner No. 2 is not eligible to get any benefit and other retiral dues as due and admissible to the deceased employee.

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