Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.9570 of 2012
A. Mallachamma
….
Petitioner None
-versus-
General Manager (Finance), CESCO and Others
….
Opp. Parties Mr. D.R. Ray, Advocate
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
Order No
ORDER 29.07.2026
08. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. None appeared for the petitioner when the matter was called. Heard Mr. D.R. Ray, learned counsel appearing for the Opp. Parties.
3. The present Writ Petition has been filed inter alia with the following prayer: -
“The petitioner therefore prays that the Hon‘ble Court be pleased to admit this writ application and after hearing the petitioner’s Advocate issue a writ in nature of Mandamus or any other suitable writ directing to the Opp. parties to grant current family pension and arrear pension amount within a fixed time.”
4.
Learned counsel for the Opp. Parties contended that on the death of the deceased employee, petitioner though was sanctioned with the Family Pension vide letter dtd. 09.12.2002 under Annexure-1, but
subsequently, when it came to the knowledge of the Opp. Parties that deceased employee was not eligible and entitled to be covered under the Pension Scheme, Family Pension so sanctioned in favour of the petitioner was stopped relying on the enquiry available under Annexure-B to the counter affidavit.
4.1. It is contended that the deceased employee was found not covered under the Pension scheme and instead he was covered under the EPF Scheme. It is also contended that since the deceased employee was not covered under the Pension Scheme, Family Pension sanctioned in favour of the petitioner was stopped after being sanctioned vide order dated 09.12.2002 under Annexure-1.
4.2. It is accordingly contended that no illegality or irregularity can be found with the impugned action.
5. Since nobody is there on behalf of the petitioner and no reply has been filed to the counter affidavit so filed, this Court while accepting the stand taken in the counter affidavit, is not inclined to issue any direction as prayed for and dismiss the Writ Petition.
6. The Writ Petition accordingly stands dismissed.
(Biraja Prasanna Satapathy)
Judge Basudev