Disposed

Purna Laxmi Sahoo v. State of Odisha

Orissa HC15 Nov 2023WP(C)/36070/2023

Case brief

AI extract

What is this about?

In a writ petition concerning family pension distribution, the Court directed the authorities to decide on the petitioner's pending representations within six weeks and ensure all legal heirs are given an opportunity of hearing before a final decision is communicated.

What did the court decide?

Directed authorities to decide pending representations within six weeks after giving an opportunity of hearing to all legal heirs.

Purna Laxmi Sahoo Vs State of Odisha — Property and Title | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.36070 of 2023

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Purna Laxmi Sahoo

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Petitioner

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Mr. C.R. Pattnaik, Advocate

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-versus-

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State of Odisha & others

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…. Opposite Parties Mr. I. Mohanty, A.S.C.

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

15.11.2023

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State-Opposite Parties. Perused the Writ Petition as well as the documents annexed thereto.

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The present Writ Petition has been filed by the Petitioner with the following prayer :

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“Under such circumstance, it is therefore prays that your lordships would be graciously pleased to admit this writ application, call for records and after hearing the parties may be pleased to issue a writ/s/order/s/direction/s/ in the nature of mandamus directing the Collector, Dhenkanal to enquire in to the matter and take needful steps in this regard extending relief to her by instructing her mother opposite party No-4, to provide financial assistance to her out of the pensionary benefits and other benefits of her father, for her substance, within a stipulated period as this Hon’ble court deems fit and proper.

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And further may pass any other order/s/direction/s/ as this Hon’ble court deems fit and proper.”

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It is stated by learned counsel for the Petitioner that the unmarried daughter of the deceased government employee. He further contended that although family pension and retiral dues have been

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released in favour of the legal heirs of the deceased government employee, however, the same is being enjoyed by the wife and the son of the deceased government employee. The Petitioner is a unmarried daughter, he is not getting her share out of the family pension benefits as is due and admissible to the deceased government employee. In such view of the matter, the Petitioner has approached this Court by filing the present writ application for a direction to the authorities to release her share of the monetary benefits in favour of the Petitioner. Learned counsel for the Petitioner further contended that he has already approached the Opposite Party Nos.2 and 3 by filing representations under Annexure-4 & 3 respectively to the writ application.

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Learned Additional Standing Counsel, on the other hand contended that since the representations is filed by the petitioner are pending for consideration before the Opposite Party Nos.2 & 3 and in the event this Court directs the Opposite Party Nos.2 & 3 to consider the same strictly in accordance with the applicable rules and take a final decision in the matter, then he will have no objection to the same.

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Considering the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the background facts of the present case as well as keeping in view the limited nature of the grievance, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Opposite Party Nos.2 & 3 to take a decision on the representation of the Petitioner under Annexures-4 & 3 respectively, if any such representation is still pending, within a period of six weeks from the date of communication of a certified copy of this order. It is further directed that before taking a final decision in the matter, the Opposite Party Nos.2 & 3 shall do well to provide an opportunity of hearing to all the legal heirs of the deceased government employee. The decision so taken be communicated to the Petitioner within two weeks thereafter.

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With the aforesaid observations/ directions, the writ application stands disposed of.

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Issue urgent certified copy of this order as per Rules.

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( A.K. Mohapatra ) Judge

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Anil

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Signature Not Verified

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Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 16-Nov-2023 11:15:52

Purna Laxmi Sahoo v. State of Odisha

Case brief

What is this about?

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Purna Laxmi Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

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