Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.7366 of 2025 M.damayanti@damayanti Mandadi ..... Petitioner
Represented By Adv. - Ashutos Dash -versus- 1) State Of Odisha ..... Opposite Parties 2) Accountant General, (a And E) , Odisha 3) Commissioner (excise) , Excise Directorate, Cuttack 4) Superintendent Of Excise, Koraput
Represented By Adv. – Mr.Samaresh Jena,ASC Mr.S.K.Patra, Standing Counsel for AG Odisha
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 17.03.2025
Order No.
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 Standing Counsel for the State-Opposite Parties. Perused the Writ Petition as well as the documents annexed thereto.
3. The Petitioner has filed the present writ application with the following prayer:
“It is, therefore prayed that this Hon’ble Court may graciously be pleased to admit this Writ Petition issue notice to Opp.Parties and after hearing from the counsels of both parties, issue a Writ in the nature of mandamus/certiorari direct to the Opp.Parties
Page 2 of 3. particularly Opp.Party Nos. 2 & 4 to release the family pension in favour of the Petitioner w.e.f. Sept. 2002 within a stipulated period.
And further direct to the Opp.Party to give interest on such arrear family pension for the interest of justice.
And issue any other
order/orders, direction/dictions and writ/writs as this Hon’ble Court deem fit and proper giving complete justice to the Petitioner.”
4. In course of hearing of the writ application, learned counsel for the Petitioner submits that the Petitioner ventilating his grievance has submitted representation before the Superintendent of Excise, Koraput, Opposite Party No.4, under Annexure-6 series. It is also submitted by the learned counsel for the Petitioner that the said representation is pending as of now. It is also submitted by the learned counsel for the Petitioner that a direction be issued to the Opposite Party No.4 to consider the representation of the Petitioner under Annexure-6 series within a stipulated period of time.
5. Learned Additional Standing Counsel submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.4, which is stated to be pending, in accordance with law within a stipulated period of time.
6. Considering the limited nature of grievance of the Petitioner, the writ application is disposed of at the stage of admission with a direction to the Opposite Party No.4 to consider the representation of the Petitioner under Annexure-6
Page 3 of 3. series within a period of eight weeks from the date of production of certified copy of this order. The Opposite Party No.4 shall do well to dispose of the representation of the Petitioner under Annexure-6 series in terms of Rule 56 of Odisha Pension Rule, 1962 by passing a speaking and reasoned order. The final decision so taken by the Opposite Party No.4 be also communicated to the Petitioner within two weeks thereafter.
7. With the aforesaid observation, the writ application stands disposed of.
8. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
RKS
SINGH