Sabita Nishank Vs State of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No.6084 of 2025

Sabita Nishank and others ..... Petitioners Represented By Adv. – Mr. Ranjit Mohanty -versus- State Of Odisha and others ..... Opposite Parties Represented By Adv. – Smt. Sasmita Nayak, ASC Mr. S.K. Patra, Senior Counsel for the O.P. No.6Accountant General, Odisha, Bhubaneswar.

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

04.03.2025

Order No.

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

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Heard learned counsel for the Petitioners as well as learned 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 Petitioners with the following prayers:-

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“It is, therefore, most humbly prayed that this Hon'ble Court may graciously be pleased to issue appropriate writ/writ(s), direction/ direction(s), order/order(s) directing the Opp. Parties, in particular the Opp. Party No. 4 to forward the family

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Page 1 of 4.

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pension papers of the deceased Govt. servant to the A.G, Odisha, forthwith without any further delay, further directing the A.G, Odisha to issue authorization in favour of the petitioners in terms of PPG and GPO enabling the petitioners to avail the final family pension and the gratuity amount on the basis of the order of fixation of last pay done by the opp. party no. 5 along with interest @ 7% per annum on the gratuity amount as per rule 49 (5) of the Pension Rules, to be calculated from the date of due till the date of actual payment, within a time stipulated period as this Hon'ble Court pleases to fix.”

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It is stated by the learned counsel for the Petitioners that the husband of the Petitioner No.1 joined in service as VLW on 19.09.1990. While working as such, pursuant to Resolution dated 06.02.2013 of the Finance Department, Government of Odisha, the husband of the Petitioner No.1 was extended with the RACP benefits. He further contended that in the meantime the pay of the husband of the Petitioner No.1 has already been fixed. While working as such, the husband of the Petitioner No.I died in harness on 26.01.2017. Thereafter, the present Petitioners being Class-1 legal heir approached the Opposite Parties for grant of family pension as well as other retiral benefits including the gratuity. Learned counsel for the Petitioners further referring to the letter dated 18.11.2024 under Annexure-6, contended before this Court that the Block Development Officer, Pipili has forwarded the original Service Book along with all relevant documents to the office of the Collector, Puri for grant of family pension to the present Petitioners. He further contended that since the office of the

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Page 2 of 4.

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Opposite Party No.4-Collector, Puri, has not forwarded the Service Book and other relevant record to the office of the Principal Accountant General, Odisha, Bhubaneswar, no decision has been taken with regard to grant of family pension in favour of the present Petitioners. Being aggrieved by such inaction of the Opposite Party No.4, the Petitioners have approached this Court by filing the present writ petition.

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Learned counsel for the State, on the other hand, contended that she does not have any instruction in the matter. However, she further contended that on perusal of the writ application, it is revealed that the Block Development Officer, Pipili, has already forwarded the original Service Book of the husband of the Petitioner No.1 along with relevant papers to the Opposite Party No.4-Collector, Puri. In such view of the matter, learned counsel for the State submitted that in the event the matter with regard to payment of family pension is struck off by the Opposite Party No.4, he will have no objection in the event this Court directs the Opposite Party No.4 to take an early decision on the letter dated 18.11.2024 in accordance with law and within a stipulated period of time.

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Considering the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the documents annexed to the writ petition, further keeping in view the limited nature of the grievance, this Court deems it proper to dispose of the writ petition by directing Opposite Party No.4 to consider the letter dated 18.11.2024 of the Block

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Page 3 of 4.

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Development Officer, Pipili under Annexure-6 to the writ petition and to take a decision in accordance with law as expeditiously as possible, preferably within a period of four weeks. In the event it is found that the documents are in order, the same shall be forwarded to the office of the Principal Accountant General, Odisha, Bhubaneswar, within four weeks from the date of taking such decision. It is further directed that in the event the Service Book of the husband of the Petitioner No.1 and other relevant papers are forwarded to the office of the Opposite Party No.6, then the Opposite Party No.6 shall process the same at the earliest, preferably within a period of six weeks from the date of receiving the copy of the original Service Book and other relevant papers from the office of the Opposite Party No.4. The Opposite Parties shall do well to keep the Petitioners and inform with regard to the decision taken by them as expeditiously as possible.

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