Urmila Dehury Vs State of Odisha

Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the State-Opposite Parties and Mr. S.K. Patra, learned Standing Counsel for A.G., Odisha. Perused the writ application as well as the documents annexed thereto.

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The Petitioner has filed the present writ application with the following prayer:

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“The petitioner, therefore, most humbly pray that your Lordships may be graciously pleased to admit this writ application, issue notice and upon hearing both parties, issue a writ of mandamus directing grant of families pension and all other retirement benefits payable to the petitioner with further direction for release of arrear dues in lieu of that within a stipulated period and further(s) and/or writ(s) as may be deemed just and proper in the bonafide interest of justice;”

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It is submitted by learned counsel for the Petitioner that the husband of the Petitioner, namely, Iswar Chandra Dehury was engaged as a Secretary, Malapada G.P. initially on 25.08.1984. Thereafter, he joined as a VLW on 08.09.2001. While working as such, the husband of the Petitioner retired from service on attaining the age of superannuation as P.E.O., Level-6 on 31.03.2020. While the matter stood thus, on 11.11.2021 the above named Iswar Chandra Dehury, husband of the Petitioner, passed away.

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After the death of the husband of the Petitioner, the Petitioner approached the Opposite Parties for grant of pensionary benefits as is due and admissible to her late husband and for grant family pension to the present Petitioner. Initially, the application of the Petitioner was forwarded to the office of the A.G. by the concerned Administrative Dept. However, the Office of the A.G. returned the pension papers with an objection that a copy of the implementation order of the Administrative Dept. as per GOFD Letter No.19420/F, dated 01.07.2020 regarding to extension of Grade Pay to the State Govt. Employees under RACP is wanting. Such letter of the A.G. was addressed to the D.M. & Collector, Deogarh. The District Magistrate and Collector, Deogarh vide his letter dated 17.11.2022 wrote the letter to the under Secretary, Govt. Panchayati Raj & D.W. Dept. with a request to send a copy of the implementation order of the Administrative Dept. for disposal of the pending pension cases. Learned counsel for the Petitioner submitted that despite such request, the concerned Administrative Dept. has not given the implementation order. As a result of which, the petitioner is deprived of the pensionary benefits which she is lawfuly entitled to.

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Mr. S.K. Patra, learned Standing Counsel for A.G., Odisha on the other hand contended that for grant of pensionary benefits, the

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approval of the concerned Administrative Dept. is required in view of the Finance Dept. on letter dated 01.07.2020. Therefore, the pension papers were returned to the concerned authority to resubmit the same along with Administrative Dept. approval.

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Learned Additional Government Advocate on the other hand contended that in the event no decision has been taken pursuant to letter dated 17.11.2022, he will have no objection if this Court directs the Opposite Party No.1 to take a decision on the letter dated 17.11.2022, if the same is still pending before him within a stipulated period of time.

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Considering the submissions made by learned counsels appearing for the respective parties, on a careful examination of the background facts as well as materials on record and further keeping in view the letter dated 17.11.2022 as well as letter of the Accounts Officer, Office of the Principal A.G. dated 19.10.2022, 21.10.2022 27.10.2022, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Opposite Party No.1 for Administrative Dept. approval as sought for by the Opposite Party No.2 vide letter dated 17.11.2022 within a period of four weeks from the date of communication of a certified copy of this order. The Opposite Party No.2 is further directed to forward the same to the Principal A.G., Opposite Party No.5 along with pension papers of the Petitioner within four weeks from the date of getting such Administrative Dept. approval from the concerned Dept. Thereafter, the Opposite Party No.4 shall take a final decision in the matter within a period of four weeks from the date of receipt of pension papers along with Administrative Dept. approval. The Opposite Parties are further directed to communicate the Petitioner any steps be taken in the matter from time to time.

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