The High Court
Case Details
Order No. 01. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.4167 of 2024 R Kusuma Kumari @ Rejeti Kusuma Kumari …. Petitioner Mr. Sarbeswar Behera, Advocate State of Odisha & others -versus- ….
Legal Reasoning
Opposite Parties Mr. D. Mohapatra, A.S.C. Mr. S.K. Patra, Standing Counsel for A.G., Odisha CORAM: JUSTICE A.K. MOHAPATRA
Decision
ORDER 28.02.2024 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Standing counsel for the State-Opposite Parties and Mr. S.K. Patra, learned Standing Counsel for A.G., Odisha. Perused the Writ Petition as well as the documents annexed thereto. 3. The present Writ Petition has been filed by the Petitioner with the following prayer : “In the premises aforesaid it is prayed that this Hon'ble Court may kindly graciously be pleased to admit this writ application issue notice to Opp. parties and after hearing both the sides direct the Opp. Party to sanction the family pension w.e.f February 2022 in favor of the petitioner. And pass any other order(s), direction (s) as this Hon'ble Court may deems fit and proper.” 4. It is submitted by learned counsel for the petitioner that the present petitioner being the unmarried daughter of deceased // 2 // Government employee, namely, R V Krishna Rao, died in harness on 29.07.2015, approached the Opposite Parties for grant of family pension under Rule 56 (5) of the Odisha Pension Rules, 1992. It is submitted by learned counsel for the Petitioner that although the Petitioner has attained the age of 25 years, however, her marital status is unmarried and she has no other sources of income. It was also contended before this Court that the Petitioner has filed an affidavit to that effect that the Petitioner does not have any source of income on 20.07.2022. By virtue of impugned order dated 13.12.2023 under Annexure-6, the office of the Principal Accountant General has stopped the family pension that was being paid to the present Petitioner on the ground that the Petitioner has attained the age of 25 years. Being aggrieved by such order under Annexure-6 to the writ application, the Petitioner has approached this Court by filing the present writ application. 5. Mr. S.K. Patra, learned Standing Counsel appearing for Principal Accountant General on the other hand contended that under Rule 56 (5)(c), the unmarried daughter is entitled to get family pension until she gets the age of 25 years or until she gets married or until she starts earning for livelihood, whichever is earliest. In such view of the matter, learned Standing Counsel appearing for the A.G., Odisha submitted that since the Petitioner attains the age of 25 years and the same is earliest even as has been mentioned in Rule 56 (5)(c), the authorities have not committed in stopping the family pension of the Petitioner. 6. Learned Additional Standing Counsel on the other hand submitted that the Office of the Principal Accountant General has taken a decision to stop the family pension which has been paid to the Petitioner. Therefore, learned Additional standing Counsel submitted that the State-Opposite Parties have no role in the matter. 7. Having heard the learned counsels appearing for the respective // 3 // parties and on a careful examination of the background facts as well as the materials on record as well as this court on a careful examination of the impugned order under Annexure-6 observed that the Office of the Principal Accountant General has stopped the family pension in favour of the Petitioner by referring to Rule 56 (5) (c). Further, it appears that admittedly the Petitioner has attained 25 years of age. Therefore, by applying the Rule 56 (5) (c), the office of the Principal Accountant General has stopped the family pension that was being paid to the present Petitioner. This Court perused the Odisha Pension rules, 1992 as well as Rule 56, Rule 56 (c) no doubt provides that family pension is payable to the unmarried daughter. However, the same is subject to three contingencies and on the happening of one of the contingencies, the family pension would not be payable to the unmarried daughter like the present petitioner. This Court on a further reading of Rule 56 (5) (d) observed that the same is there exception to sub clause-c and the sub clause-d, unmarried daughter even after attaining the age of 25 years till her marriage or death whichever is earlier shall get the family pension subject to the condition that the monthly income of such daughter shall not exceed Rs.4,440/- per month from employment in any of the mode as prescribed in the said rule. 8. In the instant case, this Court on a careful scrutiny of the impugned rejection order under Annexure-6 observed that while rejecting the claim of the Petitioner the Opposite Parties have not taken into consideration the exception carved out under sub clause-d. In such view of the matter, this Court is of the considered view that the impugned order is unsustainable in law and accordingly, the same is hereby quashed. Further, the matter is remanded back to the Opposite Party No.5 to consider the matter afresh in terms of rule 56 (5) (d) of the Odisha Pension Rules, 1992 within a period of eight weeks from the // 4 // date of communication of a certified copy of this order. The Petitioner is directed to cooperate with the Opposite Party No.5 and produce the relevant documents as is required for processing such claim. The final that would be taken by the Opposite Party No.5 be communicated to the Petitioner within 10 days from the date of taking such a decision. It is further directed that in the vent the Opposite Party No.5 comes to a conclusion that the case of the Petitioner is covered under Rule 56 (5) (d) and in the absence of any other legal impediment, the Opposite Party No.5 shall do well to sanction and disburse the amount of family pension as is due and admissible to the Petitioner as per law. Till a final decision is taken as has been directed hereinabove, no recovery shall be made to the Petitioner. 9. With the aforesaid observations/ directions, the writ application stands disposed of. 10. Issue urgent certified copy of this order as per Rules. Anil ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 29-Feb-2024 11:06:09