This judgment in a writ petition directed the Block Education Officer to consider the petitioner's representation regarding family pension arrears and decide within fifteen days.
Direction to consider the representation and decide within fifteen days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.26335 of 2021
Asish Kumar Sahu
Petitioner
Mr.S.K.Mishra, Advocate
- Versus-
State of Odisha & Others …..
Opposite parties
Mr.D.Mohapatra, Standing Counsel, S & ME Deptt.
CORAM: JUSTICE BISWANATH RATH
Order No. 01
ORDER
02.09.2021
1 . Heard the learned counsel appearing for the parties.
2. This writ petition involves the following prayer:
“The petitioner therefore prayed that your lordship would be graciously pleased to admit the writ application, Rule NISI be issued to the Opp. Parties directing them to show cause as to why they have not sanctioned the family pension of the petitioner and all arrear dues.
And if they fail to show cause or show insufficient cause the said rule may kindly be made absolute by issuing writ of mandamus or any other suitable writ.
Or issue any other appropriate order/orders, direction/directions as the Hon’ble Court may deem fit and proper in the interest of justice;
And for which act of kindness, the petition, as in duty bound shall ever pray;”
the petitioner will be entitled to family pension under the statutory provision involved herein, since may be entitleed to some arrear family pension, this Court is inclined to dispose of the writ petition however with a direction to the Block Education Officer, Ulunda-opposite party no.7 to
consider the representation of the petitioner vide Annexure5 series and take decision, as appropriate, within a period of fifteen days from the date of receipt of certified copy of this order by the petitioner.
(BISWANATH RATH) JUDGE
Sks
2 issues framed by the court
Whether the petitioner is entitled to family pension arrears.
Whether a direction to the Block Education Officer to consider the representation is justifiable.
1 provisions across 1 enactments
Asish Kumar Sahu
State of Odisha
Biswanath Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
