The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.37669 of 2023 Kouser Begum and another …. Petitioners Ms. Rita Singh, Advocate -versus- Principal Controller of Defence Accounts (Pension), Uttar Pradesh and others …. Opposite Parties Mr. Prasanna Kumar Parhi, DSGI along with Mr. Deepak Gochhayat, CGC None (for Opposite Party No.3) CORAM: JUSTICE SANJAY KUMAR MISHRA ORDER 21.08.2025 This matter is taken up through hybrid mode. 2. Learned Counsel for the Opposite Party No.3 is absent on call.
Legal Reasoning
3. Ms. Rita Singh, learned Counsel is present and submits, her Senior Mr. Bhawani Sankar Panigrahi, learned Counsel has instruction to represent the Petitioner. She files Vakalatnama duly executed in favour of her Senior with consent of the previous Counsel for the Petitioner in the Court, which be kept on record. 4. Office is directed to indicate the name of Mr. B.S. Panigrahi, learned Counsel and Associates and delete the name of previous Counsel and associates for the Petitioner from the brief. Page 1 of 7 Order No. 07. 5. Mr. P.K. Parhi, learned DSGI along with Mr. D. Gochhayat, learned CGC file appearance memo to represent the Union of India-Opposite Parties so also file photocopy of instruction received from Sr. Account Officer (LC), Office of the Principal Controller of Defence Accounts (Pension), At- Draupadi Ghat, Prayagraj, Uttar Pradesh, Pin-211014, which be kept on record. 6. Mr. Gochhayat, learned CGC prays for further four weeks’ time to file the Counter Affidavit. However, in view of orders dated 23.10.2024 so also dated 20.11.2024, this Court is not inclined to allow further time to file the Counter Affidavit. 7.
Decision
The writ petition is taken up for hearing and disposal applying the principle of non-traverse. 8. The writ petition has been preferred by the Petitioners, who are the wife and son of Opposite Party No.3 , with the following prayers. the “It is therefore prayed that your Lordships shall be graciously pleased enough to admit the aforesaid writ application and after hearing the parties concerned direct the Opp. Party No.1 & 2, particularly the Opp. Party No.1 to regular maintenance of deposit (Rupees Twelve Thousands) Rs.12,000/- only per month, commencing from pension of July 2022 and arrears as due in the Account of the petitioner in view of the order passed by this Hon’ble Court on dtd. 17.05.2023 in RPFAM No.72 of 2019 and RPFAM No.111 of 2019 under Annexure-1, so also as per the direction of the learned Judge, Family Court vide letter No.338 dtd.17.08.2023, under Annexure-3, considering the aforesaid facts and circumstances. Page 2 of 7 And pass any order/ orders, writ/ writs as this Hon’ble court thinks fit and proper.” (Emphasis supplied) 9. Learned Counsel for the Petitioner, drawing attention of this Court to the common order dated 17.05.2025 passed in RPFAM No.111 of 2019 so also RPFAM No.72 of 2019, submits that this Court modified the impugned order with certain observations. Paragraph Nos.7 to 9 of the said order , being relevant, are extracted below. “7. Taking into consideration that the Opposite Party was drawing a salary of Rs.51,000/- per month at the relevant time, this Court feels that maintenance of Rs.12,000/- per month by the Opposite Party, as directed by learned Judge, Family Court, Khurda, in his ex parte order, was just and proper, as no further material was produced before the learned Judge, Family Court, Khurda to vary the same. 8. In that view of the matter, the impugned order is modified and the Opposite Party is directed to pay maintenance of Rs.12,000/- per month to both the Petitioners, as directed in the ex-parte order from the date of application. 9. With the the aforesaid modification impugned order, both the RPFAMS are disposed of.” in (Emphasis supplied) 10. Learned Counsel for the Petitioner further submits, based on the said order of this Court, the learned Judge, Family Court, Khurda, vide letter No.338 dated 17.08.2023 intimated to the Chief Senior Record Officer, Artillery Records, Nasik Road Camp-422102, APS Pin-908802, C/o- 56 APO to deduct Rs.12,000/- per month from the Page 3 of 7 pension of the Opposite Party No.3 from July, 2023 and to deposit the same in the Bank Account of the Petitioner- Kouser Begum, with further instruction to deduct the maintenance regularly, with due intimation to the said Court. The contents of the said letter, being relevant, are extracted below: “OFFICE OF THE JUDGE, FAMILY COURT, KHURDA, ODISHA No.338/Date:17/08/2023 From: Shri Rajesh Kumar Nair V.G., O.S.J.S, Judge, Family Court, Khordha. To The Chief Senior Record Officer, Artillery Record, Nasik Road Camp-422102, APS Pin-908802, C/s-56 APO. Sub:- Realization of maintenance amount from the pension of Sri Naser Alli Khan (Regimental No.15143146-H Ex-Nk). Ref; This office letter No.288 dtd.25.11.2022. Sir, Ex-Nk, Sparsh With reference to the letter & subject cited above, I am to intimate that the petitioner-Kouser (Regimental Begum, W/o-Naser Alli Khan No.15143146-H P.P.O No.232201906332, Old PPO No.153201905524, filed a case baring Crlp PPO Suffix-0100), No.250/2022 realization of her arrear for maintenance. As per the letter mentioned above Rs.9,000/- (Rupees Nine Thousand) only per month is deducted regularly from his pension by your office. Now the Hon’ble High Court of Orissa, Cuttack vide order dated 17.05.2023 in RPFAM Nos.111 of 2019 and 72 of 2019 has directed the (Regimental Opposite Party-Naser Alli Khan No.15143146-H Ex-Nk) to pay maintenance of Rs.12,000/- (Rupees Twelve Thousand) only per month to both the petitioners (Kouser Begum and Page 4 of 7 his minor son). In the above circumstances, the regular maintenance of Rs.12,000/- (Rupees Twelve Thousand) only per month commencing from pension of July, 2023 be deposited in the Bank Account of the petitioner-Kouser Begum. The photocopy of Bank details of the said petitioner is attached herewith. The deduction of regular maintenance be intimated to this Court at the earliest. Yours faithfully, Sd/- Judge, Family Court, Khordha. Encls.- 1. Bank Details & ID proof Of the Petitioner. 2. Photocopies of the Hon’ble Court’s Order(s). Memo No.339/Dt.17.08.2023 Copy forwarded to the Principal Controller of (Pensions), Draupadighat, Defence Accounts Prayagraj, Uttar Pradesh, 2110114 for information and necessary action Sd/- Judge, Family Court, Khordha.” (Emphasis supplied) 11. Grievance of the Petitioner is that, despite such communication made by learned Judge, Family Court, Khordha, the Authority concerned is not acting in terms of such communication, which is based on the common order dated 17.05.2023 passed by this Court in RPFAM No.111 of 2019 and RPFAM No.72 of 2019. Accordingly, learned Counsel for the Petitioner prays for a direction to the Opposite Party Nos.1 and 2, more particularly the Opposite Page 5 of 7 Party No.1, to do the needful in terms of the said communication made by the learned Judge, Family Court, Khordha. 12. As is revealed from the Letter No.LC/X/OA- 72/2019/A-M/447 dated 13.08.2024 of the Sr. Account Officer (LC), Office of the Principal Controller of Defence Accounts (Pension), At- Draupadi Ghat, Prayagraj, Uttar Pradesh, Pin-211014 addressed to the learned Central Government Counsel, High Court of Orissa, Cuttack, it has been intimated that as per order of this Court dated 17.05.2023, PPO No.232201906332 has already notified by the Office for enhanced maintenance allowances of Rs.12,000/- with a request made vide the said letter to file the compliance affidavit on behalf of the Opposite Parties/Respondent. 13. In view of the admitted facts on record, the writ petition stands disposed of directing the Opposite Party No.1-Principal Controller of Defence Accounts (Pension), At- Draupadi Ghat, Prayagraj, Uttar Pradesh, Pin-211014 to act immediately in terms of the said communication made by the learned Judge, Family Court, Khordha and do the needful in terms of the said direction, if not done in the meantime, and report compliance to the Registry of this Court with copy to the Petitioner. 14. Such action should be taken at the earliest preferably, within a period of four weeks from the date of receipt of the communication made by the Registry or production of the certified copy of this Order, whichever is earlier. 15. Office is directed to communicate a copy of this order to the Opposite Party No.1 at the earliest for information Page 6 of 7 and necessary compliance. 16. Urgent certified copy of this order be granted as per rules. Kanhu JUDGE (S.K. MISHRA) Signature Not Verified Digitally Signed Signed by: KANHU BEHERA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 22-Aug-2025 15:01:36 Page 7 of 7