Remanded

Krushna Chandra Pollai v. State of Odisha

Orissa HC30 Mar 2021WP(C)/13676/2020

Case brief

AI extract

What is this about?

The High Court disposed of this writ petition challenging a dismissal of an Original Application for family pension. The Court held that the previous dismissal would not bar the petitioners from seeking family pension, given that the opposite party filed a counter affidavit in the earlier litigation acknowledging the case. Consequently, the Court remanded the matter for consideration.

What did the court decide?

Held that dismissal of earlier Original Application shall not be a bar; the matter is remanded to the Administrative Tribunal for consideration of the family pension claim.

Krushna Chandra Pollai Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2021)

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W.P.(C) No.13676 of 2020

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P R E S E N T :

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SHRI JUSTICE S. K. MISHRA AND MISS JUSTICE SAVITRI RATHO

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________________________________________________ Krushna Chandra Pollai & Anr. …… Petitioners. - VersusState of Odisha and Ors. …… Opp. Party.

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For Petitioners : Mr. P.K. Panda. For Opp. Parties : Mr. A.R. Dash, AGA.

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O R D E R

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02. 30.03.2021

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This matter is taken up by Hybrid mode.

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Heard Mr. P.K. Panda, learned counsel for the Petitioners and Mr. A.R. Dash, learned Additional Government Advocate for the Opposite Parties.

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In this writ petition, the Petitioners assail the order dated 01.08.2019 passed by the learned Acting Chairman, Odisha Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.1509(C) of 2019.

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Facts of the case are not disputed.

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The father of the present Petitioners was an employee of Revenue Department. He died in harness. Thereafter, his wife, the mother of the present Petitioners, filed an application for grant of family pension which was not considered by the authorities. So, she filed O.A. No.2743(C) of 2011 before the

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Odisha Administrative Tribunal, Cuttack Bench, Cuttack. During pendency of the said Original Application, she died. Thereafter, the present Petitioners were substituted in her place. However, the said Original Application was dismissed for default.

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Thereafter, the Petitioners filed O.A. No.1509(C) of 2019 out of which the present writ petition arises. The said O.A. No.1509(C) of 2019 was dismissed by the learned Acting Chairman, Odisha Administrative Tribunal, Cuttack Bench, Cuttack on the ground that dismissal of earlier Original Application has operated as bar for taking up another fresh Original Application.

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While the impugned order passed by the learned Acting Chairman, Odisha Administrative Tribunal, Cuttack Bench, Cuttack is technically correct but since the Opposite Parties especially the Opposite Party No.4-Tahasildar, Chikiti Tahasil, Chikiti, District- Ganjam has filed counter affidavit in the earlier Original Application i.e. in O.A. No.2743 (C) of 2011 and stated that their case is being taken care of and to that effect a letter has been communicated by the Accountant General, Odisha, we are inclined to dispose of this writ petition holding that dismissal of the aforesaid Original Applications shall not be a bar to consider the case of the Petitioners for grant of family pension.

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Accordingly, this writ petition is disposed of.

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

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A free copy of this order be handed over to Mr. A.R. Dash, learned Additional Government Advocate for the State for early compliance.

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……………………

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( S. K. Mishra) Judge

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….………………… (Savitri Ratho) Judge

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Krushna Chandra Pollai v. State of Odisha

Case brief

What is this about?

What did the court decide?

Krushna Chandra Pollai v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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