Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 12463 of 2017 Minati Biswal ..... Petitioner Mr. D. Nayak, Adv. On behalf of Mr. S. Swain, Sr. Adv. -versus- FCI & Ors. ..... Opposite Parties Mr. S.K. Mohanty, Adv. On behalf of Mr. G.P. Dutta, Adv. CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 21.07.2026 Order No. 05 1. This matter is taken up through hybrid mode. 2. Heard Mr. D. Nayak, learned counsel appearing on behalf of Mr. S. Swain, learned Senior Counsel appearing for the Petitioner. Mr. S.K. Mohanty, learned counsel appearing on behalf of Mr. G.P. Dutta, learned counsel for the Opp. Parties. None appeared for Opp. Party No.6 in spite of due appearance. 3. The present Writ Petition has been filed inter alia with the following prayer:- “It is prayed therefore that this Hon'ble Court may be graciously pleased to: 1. Admit the writ application. 2. Call for the records. 3. Issue Rule Nisi calling upon the Opp. Parties to show cause as to why 2/3rd amount from the Page 2 of 3. retirement benefits of OP No.6 shall not be deducted and the same shall not be disbursed in favour of the petitioner. 4. If the Opp. Parties do not show cause or show insufficient cause, the said rule may be made absolute and a writ in the nature of mandamus or any other writ (s), order (s), direction (s) be issued to the Opp. Parties particularly OP No.3 to deduct 2/3rd amount from the retirement benefits of OP No.6 and disburse the same in favour of the petitioner. And pass any other order or orders as will deemed fit and proper for the ends of justice. And for this act of kindness, the petitioner shall as in duty bound ever pray.” 4. It is contended that while in service, Petitioner’s husband though agreed to part away with 2/3 of his salary in favour of the present Petitioner and the children born out of the wedlock with Opp. Party No.6, but after retirement of Opp. Party No.6 and apprehending that he will take away all the retirement benefits, Petitioner approached this Court by filing W.P.(C) No.13587 of 2016. This Court vide order dated 01.11.2016 under Annexure-B/6, permitted the Petitioner to make an appropriate application before the Corporation to get the benefit. 4.1. It is contended that in terms of the said order, Petitioner though made a detailed representation under Annexure-3 and the same was also forwarded under Annexure-4, but till date no decision has been taken. 4.2. It is also contended that this Court has passed an interim order on 05.11.2019, by directing the Opp. Party Nos.1 to 5 not to disburse 40% of the retiral benefits as due and admissible to Opp. Party No.6. Page 3 of 3. 4.3. It is accordingly contended that opp. Party No.2 be directed to take a decision on the Petitioner’s claim so made under Annexure-3 within a stipulated time period so that Petitioner and her children can survive. 4.4. Learned counsel appearing for the Corporation also fairly contended that representation filed by the Petitioner under Annexure- 3 has not yet been disposed of in accordance with law. 5. Having heard learned counsel appearing for the Parties and considering the submission made, this Court while disposing of the Writ Petition, directs Opp. Party No.2 to take a lawful decision on Annexure-3, so forwarded under Annexure-4, as expeditiously as possible preferably within a period of two (2) months from the date of receipt of this order. If on such consideration, it is held that Petitioner is entitled to get any part of the retiral benefits, appropriate steps be taken in that regard. 6. Till a decision is taken as directed, interim order passed on 05.11.2019 shall continue. 7. Accordingly, the Writ Petition stands disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Jyoti