Disposed

Tilottama Jena v. State of Odisha

Orissa HC12 Jan 2022WP(C)/38940/2021

Case brief

AI extract

What is this about?

High Court disposed of a writ petition by directing the authorities to grant the petitioner an opportunity of hearing before passing any order on her pension benefits while considering a fresh claim filed by a third party, and restrained coercive action until then.

What did the court decide?

Petitioner to be given opportunity of hearing before any order on her pension; no coercive action till consideration of rival claimant's file.

Tilottama Jena Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2022)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

W.P.(C) No. 38940 of 2021

¶3

Tilottama Jena ….

¶4

Petitioner

¶5

Mr. N.C. Jena, Advocate

¶6

-Versus -

¶7

State of Odisha and another ….

¶8

Opp. Parties

¶9

CORAM:

¶10

DR. JUSTICE B.R. SARANGI

ORDER

12.01.2022

Order No.

This matter is taken up through video conferencing mode.

¶16

The petitioner has filed this writ petition seeking direction to the opposite parties no.1 to 3 not to pass any adverse order on the pension or financial benefits on the basis of Annexure-3 without giving any opportunity to her.

¶17

Mr. N.C. Jena, learned counsel for the petitioner contended that the husband of the petitioner while working as a peon under opposite party no.3 died on 17.01.2021 and, thereafter, the petitioner approached opposite party no.3 for extension of family pension, which was allowed to her. Consequence thereof, the petitioner is getting the final pension as due and admissible to her. But opposite party no.4-Kishore Kumar Jena approached this Court by filing W.P.(C) No.27312 of 2021 claiming the same benefit and this Court disposed of the said writ petition vide order dated 22.09.2021 directing the authority to consider the grievance of opposite party no.4. It is thus contended that this writ petition may be disposed of directing the authority while considering the representation of opposite party no.4 in pursuance of the order dated 22.09.2021, the petitioner should be given opportunity of hearing before passing any order by opposite party no.3. It is further contended that opposite party no.4-Kishore Kumar Jena, who has

¶18

Page 1 of 2

¶19

filed W.P.(C) No.27312 of 2021is not entitled to get the benefits as claimed in said writ petition.

¶20

Mr. S. Nayak, learned Addl. Standing Counsel contended that direction may be given to the opposite party no.3 to consider the representation filed by opposite party no.4 the petitioner in W.P.(C) No.27312 of 2021, and while considering such representation, opportunity of hearing should be given to the petitioner herein.

¶21

Having heard learned counsel for the parties and after going through the records, this writ petition stands disposed of directing opposite party no.3 while considering the representation of opposite party no.4-Kishore Kumar Jena, in pursuance of the order dated 22.09.2021 passed in W.P.(C) No.27312 of 2021, opportunity of hearing be given to the petitioner in W.P.(C) No. 38940 of 2021 before passing any order thereof. Till the representation filed by opposite party no.4-Kishore Kumar Jena is considered, no coercive action shall be taken against the petitioner herein.

¶22

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court’s Notice No.4587 dated 25th March, 2020, as modified by Court’s notice no. 4798 dated 15th April, 2021, and Court’s Office Order circulated vide Memo Nos.514 and 515 dated 7^th January, 2022.

¶23

Ashok

¶24

Page 2 of 2

Tilottama Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Tilottama Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Jharana Behera Vs State of Odisha

Deepak Kumar Sahoo Vs State of Odisha

K.Mangamma Reddy Vs G. Mathi Vathanan, IAS

Jayanta Kumar Mohapatra Vs State of Odisha

Dr.Uma Sankar Mishra Vs State of Odisha

O.N.G.F.a.Gajapati Zone Service Vs State of Odisha