The petitioner's writ petition prayed for family pension and service benefits for a deceased employee. The court directed Opposite Party No.2 to decide the pending petition within three months. The writ petition was disposed of accordingly.
Direction issued to Opposite Party No.2 to decide the pending petition within three months.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.1862 of 2023
Phulamani Murmu
Petitioner
-versus-
State of Odisha & Ors.
…. Opposite Parties
CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
27.02.2023
Order No
02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel for the Petitioner and learned counsel appearing for the Opp. Parties.
3 . The Petitioner has filed the present Writ Petition with the following prayer:-
“Therefore, it is respectfully prayed that this Hon’ble Court may graciously be pleased to admit this writ application issue rule NISI for calling upon the Opp. Parties for show cause as to why the direction will not be issued for providing service benefits of the deceased employee as well as the family pension to the petitioner. This Hon’ble Court be pleased to make it’s rule absolute if the said Opp. Parties fail to submit sufficient cause or show insufficient cause and after hearing from the parties this Hon’ble Court may direct to the opp. Party Nos. 1, 2 & 3 in the writ of mandamus to provide al service benefits of the deceased employee to the petitioner and provide family pension to the petitioner within a stipulated time for the interest of justice.
This Hon’ble Court may further be pleased to direct any other direction(s) or pass any suitable order(s) or pass any writ/writs as this Hon’ble Court may deem fit just and proper.
And for this act of kindness, the petitioner shall as in duty bound ever pray.”
// 2 //
4. Learned counsel for the Petitioner submits that through highlighting her grievances, the Petitioner has filed an application at Annexure-4 to the Writ Petition before the O.P. No. 2, but till date nothing has been done in the matter. In such background, learned counsel for the Petitioner prays that a direction be issued to Opposite Party No. 2 to take a decision on the above noted Petition within a specific time period.
5. Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs Opposite Party No. 2 to take a decision on the above noted petition in accordance with law within a period of three (3) months from the date of receipt of this order and communicate the result of such exercise to the Petitioner.
6 . The Writ Petition is disposed of accordingly.
(Biraja Prasanna Satapathy)
Judge
Sneha
Page 2 of 2
1 issue framed by the court
Whether the opposite parties are directed to decide on the pending petition regarding family pension and service benefits within a specified period.
Phulamani Murmu
State of Odisha
Biraja Prasanna Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
