Dismissed

State of Odisha v. Anjali Prabha Panda

Orissa HC5 Nov 2024WA/1234/2024

Case brief

AI extract

What is this about?

State appealed against a single judge's order granting family pension to an unmarried daughter of a deceased primary school teacher covered by the Triple Benefits Scheme. Following an earlier unchallenged Single Bench decision in a like case, the Division Bench dismissed the appeal and left the legal issue expressly open.

What did the court decide?

Writ appeal dismissed; impugned order granting family pension to the respondent left undisturbed.

State of Odisha Vs Anjali Prabha Panda — Pension and Retirement Benefits | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No. 1234 of 2024

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1. State of Odisha

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2. Director of Elementary

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Education, Odisha, Bhubaneswar

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3. Block Education Officer, Mahanga

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4. Accountant General (A&E), Bhubaneswar

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….. Appellants Mr. Bimbisar Dash, A.G.A.

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-versus-

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Anjali Prabha Panda

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….. Respondent Mr. Laxmikanta Mohanty, Advocate

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CORAM:

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HON’BLE THE CHIEF JUSTICE HON’BLE MISS JUSTICE SAVITRI RATHO

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ORDER

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05.11.2024

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Order No. This matter is taken up through hybrid Mode.

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The State of Odisha in the present intra court appeal has put to challenge an order dated 26.02.2024 passed by a learned Single Judge of this Court in W.P.(C) No. 4623 of 2023 whereby, following the decision rendered on 23.12.2022 by a Single Bench of this Court in W.P.(C) No. 13241 of 2021, the respondent, an unmarried daughter of a primary school teacher who was getting pension under Triple Benefits Scheme (TBS), has been held to be entitled to family pension.

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The respondent’s claim was rejected on the ground that the respondent’s deceased father was covered by Triple Benefits Scheme, 1966 and therefore, she was not entitled to the benefit of family pension.

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Mr. Bimbisar Dash, learned Addl. Govt. Advocate appearing on behalf of the appellants-State has submitted that in terms of the executive instructions issued, since the respondent’s father had opted

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for the Triple Benefits Scheme, the respondent was not entitled to family pension. He has submitted that an unmarried daughter of a primary school teacher covered under the Triple Benefits Scheme is not entitled to family pension. He has however not disputed the fact that a Single Bench of this Court in the case of Pushpalata Sarangi vs. State of Odisha & Others in W.P.(C) No.13241 of 2021 (disposed of on 23.12.2022), after having taken into account the provisions of law and the Government Notifications has held that the appellant therein, an unmarried daughter of a retired primary school teacher covered by Triple Benefits Scheme, has been held to be entitled to family pension.

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The decision of the learned Single Judge cannot be said to be legally infirm as it is in accordance with the decision rendered in the case of Pushpalata Sarangi (supra), which was never put to challenge by the State.

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In such circumstance, we are not inclined to interfere with the impugned order and accordingly dismiss the Writ Appeal.

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We make it clear that we have not gone into the correctness of legal issue on the point as to whether an unmarried daughter of a primary school teacher covered under the Triple Benefits Scheme shall be entitled to family pension or not. The said legal question is left open, to be addressed in appropriate case if situation so warrants.

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(Chakradhari Sharan Singh)

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Signature Not Verified

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Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 08-Nov-2024 17:42:32

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Chief Justice

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(Savitri Ratho) Judge

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Sukanta/Puspa

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State of Odisha v. Anjali Prabha Panda

Case brief

What is this about?

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State of Odisha v. Anjali Prabha Panda

Case brief

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