Disposed

Swarnalata Patra v. State of Odisha

Orissa HC16 Sept 2020WP(C)/17507/2020

Case brief

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What is this about?

This court, hearing a writ petition for financial benefits for a deceased employee's legal heirs, granted the petitioner liberty to file a fresh representation before the competent authority within two weeks. The authority was directed to decide within three months if a fresh representation is filed.

What did the court decide?

Liberty granted to file a fresh representation within two weeks for the competent authority to consider and decide within three months.

Swarnalata Patra Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2020)

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W.P(C) No.17507 of 2020

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16.09.2020

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Heard Mr. S.B. Mohanty, learned counsel for the petitioner and Mr. S.P. Panda, learned Additional Government Advocate through video conferencing mode.

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The petitioner has filed this writ petition seeking direction to opposite party no.1 to grant certain financial benefits along with interest.

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Mr. S.B. Mohanty, learned counsel for the petitioner submits that though the petitioner, who happens to be the wife of the deceased employee has filed a representation before opposite party no.1 ventilating her grievances vide Annexure-12, however vide Annexure-13, it has been intimated to her that Public Enterprises Department is not the competent department to consider the grievance of the petitioner. In such background, Mr. Mohanty submits that the petitioner may be permitted to file a fresh representation before the appropriate authority within a period of two weeks, so that her grievance can be considered in accordance with law. Learned Additional Government Advocate has no objection to such submission. But he points out that all the legal heirs of late Sanatana Patra should file the representation for claiming the monetary benefits.

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Considering the submissions made and without expressing any opinion on the merits of the case, this Court grants liberty to the petitioner to file a fresh representation within a period of two weeks from today ventilating her grievances before the proper authority. In the event such a representation is filed, the appropriate authority would do well to consider the

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Prasant

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same and pass appropriate order in accordance with law within a period of three months from the date of receipt of such representation keeping in mind that the petitioner is one amongst the several legal heirs of late Sanatana Patra. Result of such exercise shall be communicated to the petitioner.

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

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Learned counsel for the parties may utilize the soft copy of this order available in the High Court’s Website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587 dated 25.03.2020.

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…………………….….…..

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Biswajit Mohanty,J.

Swarnalata Patra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Swarnalata Patra v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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