The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.39765 of 2023 Sangita Mohanty …. Petitioner Mr. Saswati Mohapatra, Advocate State of Odisha and others …. Opp. Party -versus- Mr. P.K. Muduli, A.G.A. CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 19.12.2023 01. 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 appearing for the State-Opposite Parties. 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 prayers:- the “Under and circumstances, it is therefore, prayed that this Hon’ble Court may graciously be pleased to: aforesaid facts (i) admit and allow this Writ Application; (ii) direct the Opp. Party No.4 to release the pension with market rate of interest to the Petitioner, within a stipulated be prescribed by this Hon’ble Court for as may period, // 2 // the interest of justice; (iii) pass such other order(s) or issue direction(s) as may be deemed fit and proper in the bona fide interest of justice.” 4. The factual background leading to filing of the present writ petition, in a nutshell, is that the father of the present Petitioner while working as a Government employee died on 8.3.2007 leaving behind the present Petitioner and his wife as surviving legal heirs. After the death of the Government employee, his wife (mother of the present Petitioner) was getting family pension till December 2012, i.e., upto the date when she died on 15.12.2012. Thereafter, the Petitioner, who is an unmarried daughter of the deceased Government employee, applied for family pension. The record reveals that the Senior Branch Manager of Bank of India, Puri Branch, Odisha wrote a letter to the Opposite Parties No.3 to release the family pension against P.P.O. No.44603/SF on 4.3.2013. However, no action was taken on such letter or the application of the Petitioner for grant of family pension by the State-Opposite Parties. They simply sat over the matter for almost 7 years. Finally, on 31.07.2020, an intimation was given by the Dy. Collector, Establishment, Collectorate, Khordha to the Tahasildar, Khurda, vide letter under Annexure-4, that the office of the Accountant General, Odisha has returned the pension papers of the Petitioner with // 3 // certain objections and further under the very same letter, a request was made to resubmit the pension papers after compliance with the objections raised thereby. However, no action was taken on such letter by the competent authority. Finally, the Senior Accounts Officer of the office of the Principal Accountant General (A&E), Odisha, Bhubaneswar again wrote a letter dated 14.7.2023 to the Collector, Khurda to submit certain documents which have been mentioned in the said letter annexed to the present writ petition as Annexure-6. 5. It appears that the claim of the Petitioner was not processed by the office of the Accountant General, Odisha as the death certificate of the parents, copies of passport size photograph with specimen signature duly countersigned by the PSA, proof of date of death of birth and affidavit with regard to marital status was not furnished along with the pension papers for grant of family pension in favour of the present Petitioner. Therefore, the claim of the present Petitioner was not considered by the Accountant General, Odisha, as a result of which, the Petitioner is not getting family pension which she is otherwise entitled to. 6. Learned counsel for the Petitioner further contended that because of the inaction of the State-Opposite Parties, the Petitioner is deprived of the family pension which she is legally entitled to. She further contended that the Petitioner, // 4 // who is an unmarried daughter of the deceased Government employee, is facing lot of financial difficulties and is unable to sustain herself. She further contended that although the Petitioner is legally entitled to get family pension as per OCS (Pension) Rules, 1992, however due to inaction on the part of the Opposite Parties, she has been deprived of her legitimate dues. In such view of the matter, learned counsel for the Petitioner submitted that the Opposite Parties be directed to comply with the objection raised by the Accountant General, Odisha, as she has already submitted documents since long along with her application and further the Opposite Parties be directed to pay the family pension along with penal interest for the delay in disbursing the family pension amount as is due and admissible to the Petitioner. 7. Learned Additional Government Advocate appearing for the State-Opposite Parties, on the other hand, contended that after the death of the mother of the Petitioner, the Petitioner applied for family pension under the category of unmarried daughter. He further submitted that the application of the Petitioner was duly forwarded to the office of the Principal Accountant General, Odisha, however certain objections were raised by the office of the Accountant General, Odisha which have been duly intimated to the Tahasildar, Khurda for compliance. In such view of // 5 // the matter, learned Additional Government Advocate submitted that the Opposite Parties are not at fault for the delay in disbursal of the family pension in favour of the Petitioner. Learned Additional Government Advocate submitted that he has no objection in the event this Court directs the Opposite Parties to comply with the objections and resubmit the papers and the same be carried out in a time bound manner without any further delay. 8. Considering the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the background facts of the present case and further keeping in view the limited nature of grievance involved in the present writ petition, this Court deems it proper to dispose of the writ petition at the stage of admission by directing the Opposite Parties to expedite processing of the claim of the Petitioner for grant of family pension. Further, it is directed that the family pension as is due and admissible to the Petitioner, as an unmarried daughter of the deceased Government employee, be paid within a period of six weeks from the date of communication of a copy of this order along with interest @ 12% for the period of delay in disbursing such family pension in favour of the Petitioner. Let the Petitioner approaches the Opposite Party No.2 along with a certified copy of this order for processing of her claim. The Petitioner shall also furnish the // 6 // copies of the documents which have been referred to in the letter dated 14.7.2023 under Annexur-6 to the writ petition. In such eventuality, the Opposite Party No.2 shall take immediate action and send the same to the office of the Principal Accountant General (A&E), Odisha, Bhubaneswar within two weeks from the date of communication of a copy of this order. 9. With the aforesaid observation and direction, the writ petition is disposed of. Debasis ( A.K. Mohapatra) Judge Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: Secretary Reason: Authentication Location: OHC, CUTTACK. Date: 27-Dec-2023 15:28:20