IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.1748 of 2024 State Of Odisha & Ors. …. Appellants Mr. Saroj Kumar Jee , AGA -versus- Aswini Mahakul and Others …. Respondents Mr.B.S.Rayaguru, Advocate CORAM: JUSTICE KRISHNA SHRIPAD DIXIT JUSTICE CHITTARANJAN DASH Order No. ORDER 21.04.2026 01. This Intra-Court Appeal by the State and its officials seeks to lay a challenge to a learned Single Judge’s order dated 24.03.2023 whereby Respondents’ W.P.(C) No.7854 of 2023 having been favoured, a direction has been issued for the grant of family pension on the ground that he happens to be a mentally disabled son of the deceased-employee, disability being 90%. 2. Learned counsel appearing for the Respondents opposes the Appeal contending that even in terms of Rules 56(5)(e) of Orissa Pension Rules, 1992, the family pension is payable to a disabled dependant son of a deceased-employee even after he attaining the age of 25 years. 3. Having heard learned counsel for the Parties and having perused the Appeal papers, we decline indulgence in the matter broadly agreeing with the submission of learned counsel appearing for the Respondents-employee. Rule 56, Sub-Rule 5, clause (e), proviso reads as under: “56(5)(e)… Provided that if the son or unmarried daughter including widowed / divorced daughter of a Government servant is p. 2 suffering from any disorder or disabled of mind or is physically crippled / disabled so as to render him or her, unable to earn a living even after attaining the age of twenty five years, the family pension shall be paid to such son or unmarried daughter for life subject to the following conditions, namely- (i) If such son or unmarried daughter is one among two or more children of the Government servant / pensioner, the family pension shall be initially payable to the children in the order set out in clause (c) of sub-rule (7) hereinafter until the last child attains the age of twenty five years and thereafter the family pension shall be resumed in favour of the son or unmarried daughter suffering from disorder or disability of mind or who is physically crippled or disabled and shall be payable to him/her for life. The said benefit shall also be admissible in the case of disabled widowed / disabled divorced daughter of a Government servant / pensioner in case there is no other disabled son / disabled unmarried daughter and eligible unmarried daughter. (ii) If there are more than one such son or unmarried daughter suffering from disorder or disability of mind or who are physically crippled or disabled, the family pension shall be paid in order of their birth and the younger of them will get the family pension only after the elder next above him / her ceases to be eligible” 4. Despite vehement submission, learned AGA is not in a position to point out what legal lacuna, the impugned order of the learned Single Judge is pregnant with. When the policy of the State is promulgated in the form of Rules for protecting the dependent children of the deceased employee, the claim for family pension on demonstrable disablement cannot be denied by a welfare State as ordained by the Constitution. This reasoning has animated the impugned order. 5. The above apart, the Appeal has been preferred after brooking a long delay of 428 days. An application in I.A. No.4604 of 2024 supported by affidavit is moved seeking its condonation. Delay is too long and the explanation offered is not plausible. A perusal of the application and the affidavit would show that the p. 3 matter has been approached with militant casualness and therefore, no indulgence can be shown by the Court. In the above circumstances, this Appeal fails. The order of the learned Single judge shall be implemented within a period of six weeks reckoned from this day without driving the Respondents to take up contempt proceedings. Web copy of order to be acted upon by all concerned. (Krishna Shripad Dixit) Judge (Chittaranjan Dash) Judge AK Pradhan/Priyanka Designation: Junior Stenographer