The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 9511 of 2023 Manasi Sinha …. Petitioner Mr. Jyotirmay Gupta, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. Saswat Das, AGA CORAM: JUSTICE A.K.MOHAPATRA
Decision
ORDER 04.04.2023 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Heard Mr. J. Gupta, learned counsel appearing for the Petitioner and Mr. S. Das, learned Additional Government Advocate appearing for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto. 4. The present writ petition has been filed by the Petitioner with the following prayers:- Order No. 01. to issue a writ “The petitioner therefore humble prays that the Hon’ble Court may be graciously pleased to admit this case, issue notices to opposite parties for show cause and after hearing both the sides may be pleased in nature of mandamus/certiorari and then direct the opposite parties particularly O.P. No.3 and 4 for payment of Gratuity and family pension as per order No.113 the Panchayati Raj & dated 03.01.2023 of Drinking Water Department, Odisha, Bhubaneswar vide Annexure-8 and on the basis of the application of the petitioner dated 16.01.2023 both the C.D.O.- // 2 // cum-E.O., Zilla Parisad, Cuttack and B.D.O. Nishchintikoili with cost. AND Further be pleased to direct the O.P. No.3 i.e. C.D.O.-cum-E.O., Zilla Parisad, Cuttack to finalize the grievance as stated in the application of the petitioner vide Annexure-9 series within a stipulated period.” 5. It is submitted by Mr. J. Gupta, learned counsel appearing for the Petitioner that the Petitioner was not getting gratuity and family pension. Accordingly, he has approached this Court by filing W.P.(C) No.219 of 2021. This Court vide order dated 29.06.2022 disposed of the writ petition with a direction to the Petitioner to file a fresh representation highlighting her grievance along with the copies of the relevant documents before the Secretary to Government, Panchayat Raj and Drinking Water Department, Bhubaneswar, who shall consider the representation of the Petitioner within two months and dispose of the same by passing a reasoned order. Pursuant to the aforesaid direction of this Court, the Petitioner approached the Principal Secretary to Government of Odisha in Panchayati Raj & Drinking Water Department. The Opposite Party No.1 after consideration the representation of the Petitioner vide order dated 03.01.2023 disposed of the representation directing the Petitioner to keep in contact with the CDO-cum-EO, Zilla Parisad, Cuttack and apply for Gratuity in accordance with the provisions contained in the payment of Gratuity Act, 1972 as per Odisha D.R.D.A. Employees Service Regulation and further to apply for family pension in accordance with the provisions of Page 2 of 5 // 3 // the Odisha Civil Service (Pension) Rules, 1992 upon exercise of option for grant of family pension as per Finance Department Office Memorandum No.12587 dated 19.05.2022. 6. Learned counsel for the Petitioner further contended that after disposal of the representation of the Petitioner by the Principal Secretary to Government of Odisha in Panchayati Raj & Drinking Water Department vide order dated 03.01.2023, the Petitioner approached the CDO-cum-EO, Zilla Parisad, Cuttack by submitting a grievance petition on 16.01.2023 which has been duly received by the office of the CDO-cum-EO, Zilla Parisad, Cuttack. She also approached the Block Development Officer, Nischintakoili Block, who is the competent authority, to grant family pension by filing a grievance petition on 16.01.2023. The same has been received by the office of the Block Development Officer, Nischintakoili Block with due acknowledgement. The only grievance of the Petitioner, which appears from the pleading in the writ petition as well as the submissions made by Mr. Gupta, is that pursuant to order dated 03.01.2023 passed by the Principal Secretary to Government of Odisha in Panchayati Raj & Drinking Water Department, no decision has been taken by either CDO-cum-EO, Zilla Parisad, Cuttack for payment of Gratuity and by the Block Development Officer, Nischintakoili Block for payment of family pension to the Petitioner. Accordingly, the Petition again approached this Court by filing the present writ petition. Page 3 of 5 // 4 // 7. Learned Additional Government Advocate appearing for the State-Opposite Parties, on the other hand, submitted that since a decision has already been taken by the Principal Secretary to Government of Odisha in Panchayati Raj & Drinking Water Department pursuant to the direction of this Court in the earlier writ petition, no further direction is required from this Court. However, he further submitted that the writ petition can be disposed of by directing the CDO-cum-EO, Zilla Parisad, Cuttack as well as Block Development Officer, Nischintakoili Block to give effect to by the order passed by the Principal Secretary to Government of Odisha in Panchayati Raj & Drinking Water Department dated 03.01.2023 within a stipulated period of time. 8. Considering the submission made by the learned counsels appearing for the respective parties and upon a careful examination of the background facts of the present case as well as on scrutiny of the order dated 03.01.2023 under Annexure-8, this Court is of the considered view that a decision has already been taken by the Principal Secretary to Government of Odisha in Panchayati Raj & Drinking Water Department vide order dated 03.01.2023, therefore, no further direction is necessary to the Government. However, this Court deems it proper to dispose of the writ petition at the stage of admission by directing the Opposite Party No.3-C.D.O.-cum-E.O., Zilla Parisad, Cuttack and the Opposite Party No.4-Block Development Officer, Nischintakoili Block to implement the order passed by the Page 4 of 5 // 5 // Principal Secretary to Government of Odisha in Panchayati Raj & Drinking Water Department on 03.01.2023 within a period of six weeks from the date of production of authenticated copy of this order. The Petitioner is directed to approach both the Opposite Parties No.3 and 4 along with the authenticated copy of this order within two weeks from today. On production of authenticated copy of this order, the Opposite Parties No.3 and 4 shall do well to consider the grievance of the Petitioner in the light of the order passed by the Principal Secretary to Government of Odisha in Panchayati Raj & Drinking Water Department and pass necessary orders in accordance with law within the aforesaid time. It is further directed that in the event the Petitioner is entitled to the Gratuity as well as family pension as is due and admissible to her, then the same shall be sanctioned and disbursed within a period of four weeks from the date of taking such decision. 9. With the aforesaid observation and direction, this writ petition stands disposed of. Debasis (A.K. Mohapatra) Judge Page 5 of 5