The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.5557 of 2025 Debasish Ray ..... Petitioner Represented By Adv. - Amit Prasad Bose -versus- 1) State Of Odisha 2) Principal Secy, Dept Of Finance 3) Accountant General 4) Dist Treasury Officer 5) Odisha Shorthand And Typing Institute ..... Opposite Parties
Decision
CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 25.02.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as the learned Additional Government Advocate. Perused the writ application as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “Under the facts and circumstances of the above case, it is most respectfully prayed that this Hon’ble Court may graciously be pleased to allow the Writ Application, issue Rule NISI in the nature of writ of mandamus or any other writ/writ(s) as deemed fit and proper, calling upon the Opposite Parties to show cause as to why they shall not release family pension in favour of the Petitioner. In the event the Opposite Parties fail to show cause or show insufficient cause, the said Rule be made absolute. The Petitioner further prays to quash Page 1 of 5. the the letter/order dated 06.05.2024 under annexure-15 in view of letter dated 08.06.2018 under Annexure-7 and on the basis of the order of this Hon’ble Court in W.P.(C) No.4779 of 2022 under Annexure-17. And pass any other order(s) direction(s) as this Hon’ble Court may deem fit and proper.” 4. The present Writ Petition has been filed by the Petitioner for a direction to the Opposite Parties to release the family pension in favour of the Petitioner, who is a disabled person and is eligible to get family pension up to death of his pensioner father, who was serving under the Opposite Parties. 5. The case of the Petitioner in nutshell is that the late father of the Petitioner, who was working as Instructor of Odisha Shorthand and Typewriting Institute, Bhubaneswar, (Opposite Party No.5) in the Department of Home, (Opposite Party no.1), has retired from service on attaining the age of superannuation on 01.02.1987. After his retirement, the deceased Government employee received his pensionary benefit as well as the monthly pension till 30.09.2011 i.e. the date of his death. After the death of his father, the mother of the Petitioner used to draw family pension till she expired on 09.09.2015 and she was taking care of the Petitioner during her life time. 6. The pleadings in the Writ Petition further reveal that since his childhood, the Petitioner is a permanently disabled person with 75% of permanent disability and he is not capable of earning his livelihood on account of his disability. He has been under the medical treatment all throughout his life due to such permanent disability. Accordingly, he remained in continuous Page 2 of 5. medical supervision and treatment and the competent authority i.e. CDMO, Cuttack has also issued a medical certificate showing the continuation of such disability with the Petitioner. Under such circumstances and after the death of his mother, the Petitioner applied for family Pension to Opposite Party Nos. 1 & 5 immediately through his brother, Bivas Kumar Ray, who has been appointed as guardian of the Petitioner by the authority. The Petitioner submitted all the documents as sought for by the Opposite Party No.5, who forwarded the same to the Opposite Party no.1 and the Opposite Party no.1 sanctioned the family pension in favour of the Petitioner and forwarded to Opposite Party No.3. However, the Opposite Party no.3 raised objection to the same. Finally the Opposite Party No.1 rejected the claim of the Petitioner on some vague grounds. Learned counsel for the Petitioner further contended that this Court, in W.P.(C) No.7549 of 2024, has decided a similar issue and directed for sanction and disbursement of family pension as is due and admissible to the Petitioner within a stipulated period of time. 8. Learned Additional Government Advocate appearing for the State-Opposite Parties, on the other hand, supported the impugned rejection order dated 06.05.2024 under Annexure- 15 to the writ petition. Learned counsel for the State submitted that the Opposite Parties have not committed any illegality in rejecting the claim of the Petitioner under Annexure-15 to the writ petition. Therefore, it was contended by learned Additional Government Advocate that the present Writ Petition is devoid of merit and the same is liable to be dismissed. Page 3 of 5. 9. Considering the limited nature of grievance of the Petitioner, and the fact that the case of the Petitioner is squarely covered by the judgment of this Court in W.P.(C) No.7549 of 2024 and by applying such ratio decided in the aforesaid case to the facts of present case, this court has no hesitation to arrive at a conclusion that the Opposite Party No.1 has committed an illegality in rejecting the claim of the Petitioner vide order dated 06.05.2024 under Annexure-15. As such, the order dated 06.05.2024 is hereby set aside. It is further directed that on communication of a copy of this order, the Opposite Parties shall do well to sanction and disburse the family pension as is due and admissible to the Petitioner within a period of eight weeks from the date of receiving copy of today’s order. 10. Further, it is clarified that in the event the Petitioner is unable to attend the Office or make any application then the Opposite Parties shall permit the brother of the Petitioner, who is the guardian appointed by the competent authority to submit any papers and to receive the amount on behalf of the Petitioner as legal guardian in terms of Rule 56. Payment of family pension shall be subject to fulfilment of other conditions of Rule 56 of OCS (Pension) Rule, 1992. 11. With the aforesaid observation, the writ application stands disposed of. 12. Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra ) Judge Page 4 of 5. Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa, Cuttack Date: 04-Mar-2025 13:35:09 Page 5 of 5.