The Single Judge disposed of a Writ Petition on the basis of counsel's submission to recover default service dues, order family pension for the petitioner's wife, and remit the recovery amount to the State within two months.
Allowed recovery of dues, directed payment of retirement and family pension within 2 months.
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)(OA) No. 840 of 2018
Paresh Chandra Behera …. Petitioner Mr. B. Routray, Sr. Advocate
-versus-
CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER 27.09.2023
Order No 04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel for the Parties.
3. Even though the present Writ Petition has been filed challenging the office order dtd.18.01.2017 so passed by Opposite Party No.1 under Annexure-6, but in course of hearing, learned counsel for the Petitioner contended that the Petitioner does not want to challenge the said order and he is ready for recovery of the amount of Rs.1,75,809/- in terms of the said order.
4. It is however contended that because of the challenge made to the order, the pensionary benefits as well as other retiral dues as due to the deceased employee and family pension as due and admissible has not yet been sanctioned. Accordingly, it is
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contended that necessary direction be issued in that regard for payment of the benefits.
5. Mr. M.K. Balabantaray, learned Addl. Government Advocate has no serious objection to the course of action proposed by Mr. Routray.
6. Having heard learned counsel for the Parties and taking into account the submission of Mr. Routray, this Court while disposing the Writ Petition directs Opposite Party No.2 to recover the amount as indicated in the impugned order dtd.18.01.2017 and pay the retiral dues and other pensionary benefits as due and admissible to the deceased employee and so also the family pension as due and admissible in favour of the wife of the deceased Petitioner i.e. Petitioner No.1(a). The entire exercise shall be undertaken and completed within a period of two (2) months from the date of receipt of this order. Petitioner is permitted to file a copy of this order before Opposite Party No.2 for compliance.
7. Accordingly, the Writ Petition stands disposed of.
(Biraja Prasanna Satapathy) Judge
Subrat
Signature Not Verified
Digitally Signed Signed by: SUBRAT KUMAR BARIK Reason: .. Location: HIGH COURT OF ORISSA, CU TTACK Date: 04-Oct-2023 17:00:09
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3 issues framed by the court
Whether a direction should be issued to sanction pensionary benefits and family pension due to a deceased employee and his dependents
Whether the Petitioner should pay the recovered amount indicated in the office order
Whether the Writ Petition challenging the recovery order should be disposed of
1 provisions across 1 enactments
Paresh Chandra Behera
State of Odisha
Opposite Party No.2
Biraj Prasanna Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
