Sudesna Naik v. Union Of India

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.407 of 2022 Smt. Sudesna Nayak and Others ....

Appellants Mr. Pradeep Kumar Mishra, Advocate -versusUnion of India, represented through General Manager, South Central Railway, Secunderabad ....

Respondent Ms. B. Sahoo, Central Government Counsel

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

22.11.2022 Order No.

01.

1. The matter is taken up through Hybrid mode.

2. Heard Mr. P.K. Mishra, learned counsel for the Appellants and Ms. B. Sahoo, learned Central Government Counsel for Respondent - Union of India.

3. It is submitted on behalf of the Appellants that challenge in present appeal against the direction of keeping 90% of the compensation amount in fixed deposit is covered by a similar judgment of this court.

4. It is admitted by both parties that the challenge in the present appeal is squarely covered by the decision of this Court rendered in FAO No.262 of 2020 and batch, disposed of on 9th September, 2021.

5. Accordingly, the present appeal is disposed of in terms of the principles decided in the said decision of this Court with a direction to disburse entire compensation amount in favour of the claimants by keeping 50% of shares fall due to Appellant Nos.1 2, and 4 (Smt. Sudesna Nayak, Sunita Nayak and Sudarshan Nayak) in fixed deposits separately in their names respectively in any Nationalized bank for a period of five years and the total amount fall due to the share of minor Appellant No.3 (Pintu Nayak) shall be kept in fixed deposit in any Nationalized Bank till he attains majority or for a period of five years, whichever is later.

6. With aforesaid observation and direction, the FAO is disposed of.

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

( B.P. Routray) Judge M.K. Panda