Disposed

State and Ors. v. Kausalya Behera

Orissa HC25 Mar 2021WP(C)/497/2012

Case brief

AI extract

What is this about?

The Court modified the impugned Tribunal order to direct payment of retirement dues to the legal heirs. It reserved the entitlement to family pension pending representation and quashed the erroneous mention of a complaint annexure from the deceased wife.

What did the court decide?

Directed payment of retirement dues to legal heirs; Family pension reserved for consideration; Modified quashing of Annexure-C.

State and Ors. Vs Kausalya Behera — Pension and Retirement Benefits | Orissa HC (2021)

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W.P. (C) No.497 of 2012

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State of Odisha and others ……. Petitioners

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-Vrs-

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Smt.Kausalya Behera and others ……. Opp. parties

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07 25.03.2021

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This matter is taken up through Hybrid mode. Heard Mr.L.Samantaray, learned Addl. Government Advocate for the petitioners-State and Mr.S.B.Jena, learned counsel for the private opp. parties.

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Having heard learned counsel for the parties, we are of the view that there is no reasonable ground to interfere with the order dated 07.03.2011 passed by the learned Odisha Administrative Tribunal, Bhubaneswar in O.A. No.5 (B) of 2009.

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However, it is brought to our notice that in the meantime, the opp. party No.1-Smt. Kausalya Behera widow wife of Late-Ganapati Behera has died and her son (opp.party No.3) and daughters (opp. parties 2, 4, 5 and 6) have been impleaded as opp. parties 2 to 6 in this writ petition.

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Bichi

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Having heard learned counsel for the parties, we dispose of the writ petition directing the opp. parties to pay the retiral dues of late-Ganapati Behera (husband of opp. party No.1) to opp. parties 2 to 6 proportionately/equally. We further direct that the second party shall consider whether opp. party No.1-late Kausalya Behera was entitled to family pension as was directed by the Member, Odisha Administrative Tribunal, Bhubaneswar Circuit at Berhampur by considering the representation of late Kaushalya Behera

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dated 11.12.1998 which had been forwarded by the Executive Engineer, GED, Bhubaneswar on 04.02.1999 to the Superintending Engineer, Electrical Circle (R&B) Orissa Bhubaneswar. If it is decided that she is entitled to family pension, then the amount of the family pension should be calculated from 14.11.1980. (date of death of late Ganapati Behera) till 5.4.2013 (date of death of Smt. Kaushalya Behera.

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The order of the learned Tribunal is modified to the extent that instead of quashing of Annexure-4, letter No.5924 dated 20.12.2008/25-EL EC-407/02-07, Annexure-C to this writ application is quashed. Mention of Annexure-4 in the order is an apparent error as that is the representation of Late Kaushalya Behera.

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The representation be disposed of within a period of three months from the date of filing of the certified copy of this order along with a copy of the writ petition.

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

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S.K.Mishra, J.

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…..………………….

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Savitri Ratho, J.

State and Ors. v. Kausalya Behera

Case brief

What is this about?

What did the court decide?

State and Ors. v. Kausalya Behera

Case brief

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What the court decided

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