The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.39117 of 2023 Basanti Pradhan …. Petitioner Mr. S. Patra, Advocate State of Odisha & others -versus- …. Opposite Parties Mr. P.K. Muduli, A.G.A. Mr. S.K. Patra, Standing Counsel for AG, Odisha CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 02.01.2024 03. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the State-Opposite Parties and Mr. S.K. Patra, learned Standing Counsel for AG, 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 : “Under the facts and circumstances stated above, the petitioner therefore prays that, this Hon'ble Court may graciously be pleased to issue appropriate Writ/Writ(s) in the nature of writs of Mandamus directing the Opposite Parties to allow family pension to the petitioner along with arrears with 12% interest. And pass any other order/orders as would be deemed fit and proper.” At the outset, it is submitted by learned counsel for the petitioner 4. that the claim of the present Petitioner for family pension has been rejected by the Opposite Parties on the ground that she is not eligible for such family pension as her income exceeds the admissible amount as per the rules. However, learned counsel for the Petitioner submitted that // 2 // the income certificate was erroneously issued by the Tahasildar, Cuttack Sadar which has been subsequently rectified by the competent authority i.e. the Tahasildar, Cuttack Sadar and a fresh certificate has been issued on 27.09.2016. Learned counsel for the Petitioner further contended that on the basis of rectified income certificate, the Petitioner again submitted an application before the competent authority. Taking note of such rectified income certificate, the Deputy Director (District Planning and Monitoring Unit), Cuttack has re-submitted the pension papers before the Principal Accountant General (A&E), Odisha for reconsideration of the matter. Learned counsel for the Petitioner further contended that as of now her case has not been reconsidered and in the meantime several years have passed. Learned counsel for the petitioner also contended that the Petitioner being an unmarried daughter of a deceased government employee, who facing a lot of financial hardships to sustain herself. Accordingly, it was prayed that necessary direction be issued to the Opposite Parties to consider the case of the Petitioner as per law and as per the entitlement of the Petitioner the final pension amount be disbursed as expeditiously as possible in favour of the petitioner. 5. Mr. S.K. Patra, learned Standing Counsel for AG, Odisha on the other hand contended that initially the pension papers submitted by the authorities, was considered by the Office of Principal Accountant General and it was found that the income of the Petitioner shown by the competent authority exceeded that the admissible amount as per rules. Therefore, the pension papers were returned to the authorities by the office of the Accountant General vide their letter dated 08.07.2016. Therefore, Mr. S.K. Patra, learned Standing Counsel submitted that the office of the Principal Accountant General have not committed any illegality in returning the pension papers of the petitioner. 6. Mr. P.K. Muduli, learned Additional Government Advocate, on // 3 // the other hand contended that after the pension papers were returned by the office of the Principal A.G., Odisha, the Petitioner has resubmitted the rectified income certificate issued by the Tahasildar, Cuttack on 27.09.2016. Along with such rectified income certificate, the pension papers have already been forwarded to the office of Principal Accountant General vide letter dated 17.08.2017 of the Opposite Party No.3. He further contended that the proposal which was submitted vide letter dated 17.08.2017 was again returned by the office of the Principal Accountant General vide letter dated 13.10.2017 with a request to resubmit the family pension papers after due compliance of discrepancies found in the pension papers submitted by the authority. Accordingly, the authorities once again submitted the pension papers on 17.07.2018 after due compliance of the observations made by the office of Principal Accountant General. Vide letter dated 08.11.2018 of the office of Principal, A.G., Odisha, the Joint Director, District Planning and Monitoring Unit, Cuttack has been asked to furnish a clarification with regard to income certificate issued by the Tahasildar, Cuttack Sadar on 15.11.2015. In view of the aforesaid position, learned Additional Government Advocate submitted that the State-Opposite Parties have already submitted the pension papers after due compliance of the observations made by the office of the Principal Accountant General. Therefore, if any action has to be taken, the same has to be at the end of the office of Principal Account General. In such view of the matter, learned Additional Government Advocate submitted that the present writ application is devoid of merit, accordingly the same should be dismissed. 7. Having heard the learned counsels appearing for the respective parties and on a careful examination of the background facts of the present case as well as keeping in view the materials on record, this Court observed that although the family pension papers pertaining to // 4 // the present Petitioner was submitted by the office of the Opposite Party No.3, however the same has not been duly considered by the office of the Accountant General i.e. the Opposite Party No.4. It is further appears that a fresh income certificate has been issued by the office of the Tahasildar, Cuttack Sadar on 27.09.2016 showing annual income of Rs.40,000/-(Rupees Forty Thousand). In such view of the matter, to resolve the aforesaid anomaly, this Court directs the Tahasildar, Cuttack Sadar to furnish a final income certificate indicating the income of the Petitioner to the office of the Opposite Party No.3 within a period of four weeks from today. Further, the Opposite Party No.3 is directed that after receiving a copy of the final income certificate from the Tahasildar, Cuttack Sadar, the same shall be forwarded to the office of the Accountant General, Odisha within a period of two weeks thereafter along with all relevant papers if not already sent. Finally, it is directed that the Opposite Party No.4 shall process the claim of the Petitioner on the basis of such certificate to be issued by the Tahasildar, Cuttack Sadar as has been directed hereinabove and in the event it is found that the Petitioner is eligible to get family pension and in the absence any other legal impediment, the Petitioner shall be paid the family pension as is due and admissible to her within a period of two months from the date of communication of a certified copy of this order. 8. With the aforesaid observations/ directions, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge Anil Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 03-Jan-2024 18:22:14