Subhagini Digal Vs State of Odisha

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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WP(C) No.711 of 2025

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Subhagini Digal

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Petitioner

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..... Represented By Adv. - Laxmikanta Mohanty

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-versus-

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1) State Of Odisha ..... Opposite Parties 2) Collector And Dm, Kandhamal Represented By Adv. - 3) Block Development Officer. M/s. Sudhir Kumar Phiringia Patra for Opp.Party No.4 4) Accountant General (a And E) , Mr.Samaresh Jena,ASC Odisha

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CORAM:

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THE HON'BLE MR. JUSTICE AADITYA KUMAR MOHAPATRA

ORDER

18.02.2025

Order No. 02

This matter is taken up through hybrid mode.

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Heard Mr. L.K. Mohanty, learned counsel for the Petitioner, Mr. S.K. Samal, learned Additional Government Advocate appearing for the State-Opposite Parties and Mr. S.K. Patra, learned Counsel appearing for the O.P. No.4Principal Accountant General (A&E), Odisha, Bhubaneswar.

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3. The present writ petition has been filed by the Petitioner with the following prayer:-

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“It is, therefore, prayed that this Hon’ble Court may graciously be pleased to issue notice to the Opp.

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Page 1 of 4.

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Parties calling upon them to file show cause as to why:-

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i) A direction shall not been issued to quash the letter dated 21.11.2024 issued by the opp. party no.4 under Annexure -10 taking into consideration the order passed by the opp. party no.1 dated 26.09.2027 under Annexure 3 and order dated 30.06.2023 under Annexure -5 and why direction shall not be issued to release final pension and pensionary benefits of the husband of the Petitioner with 9% interest thereon from the date of entitlement till payment is released, taking into consideration the judgment passed by the Hon'ble Apex Court of India in between D.D. Tiwari (dead) Versus Uttar Pradesh Bijili Bitaran Nigam reported in AIR 2014 SC Page 2861.

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ii) And hearing the parties be pleased to quash/ set aside the letter dated 21.03.2024 issued by Opp. Party No.4 under Annexure- 10 and direct the Opp. Parties to release final pension and pensionary benefit husband of the Petitioner in her favour with 9% interest thereon from the date of entitlement till payment is released.

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And pass any other order/orders, direction/directions as deemed fit and proper;”

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4. It is submitted by learned counsel for the Petitioner that the office of the Principal Accountant General (A&E), Odisha, Bhubaneswar has objected the pay fix in respect of the husband of the Petitioner by the competent authority. Further, vide letter dated 21.11.2024, the pension papers have been returned to the Collector & District Magistrate, Kandhamal by the office of the Accountant General (A&E), Odisha, Bhubaneswar in respect of the Petitioner with a remark that the pension papers are being returned for want of documents/incomplete information with a request to resubmit the same duly complied with so as to enable the office of the Accountant General to finalize the pension payable to the Petitioner.

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Page 2 of 4.

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5. Mr. S.K Patra, learned Standing Counsel appearing for the Principal Accountant General (A & E), Odisha, Bhubaneswar submitted that the pension papers have been returned due to want of documents/incomplete information with a request to the concerned department to resubmit the papers after duly complying with discrepancies noted in the letter dated 21.11.2024. Therefore, he further contended that in the event the pension papers may be resubmitted after complying with the query raised by the office of the Accountant General (A & E), Odisha, Bhubaneswar, the claim with regard to pension of the Petitioner shall be considered by the office of the Principal Account General (A & E), Odisha, Bhubaneswar expeditiously in accordance with law. Learned State Counsel has no objection to the said proposition.

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6. Taking into consideration the submission made by the learned counsels for the respective parties and upon a careful consideration of the background facts involved in the present writ petition as well as on careful scrutiny of the documents filed along with the writ petition, this Court deems it proper to dispose of the writ petition at the stage of admission by directing the Opposite Party No.2-Collector & District Magistrate, Kandhamal to resubmit the pension papers after compliance of the query raised by the Principal Accountant General (A&E), Odisha, Bhubaneswar within four weeks from the date of communication of this order. In the event the pension papers are resubmitted as directed hereinabove, the office of the Opposite Party No.4 shall do well to sanction and disburse the pensionary benefits in

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Page 3 of 4.

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favour of the Petitioner within four weeks from the date of resubmission of the pension papers as directed vide letter dated 21.11.2024 under Annexure-10.

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With the aforesaid observation and direction, the writ petition 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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RKS

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Page 4 of 4.

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Signature Not Verified