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2025 DAILYLAW 49321 (ORI)

SARASWATI JENA v. STATE OF ODISHA

WP(C)/21081/2025 · 2025-08-11

Biraja Prasanna Satapathy

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C ) No.21081 of 2025 Saraswati Jena …. Petitioner Mr. B.S. Das, Adv. -versus- State of Odisha & Others …. Opposite Parties Mr. S.K. Jee, AGA Mr. S.K. Patra, Adv. (for O.P. No.2) CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 11.08.2025 3. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel appearing for the parties. 3. The present Writ Petion has been filed inter alia with the following prayer: It is therefore humbly prayed that this Hon’ble Court be graciously be pleased to issue Rule NISI calling upon the Opp. Parties, more particularly the Opp. Party NO.3 to show cause as to why the arrear undrawn family pension dues from the period 01.09.2017 to 31.10.2018 under Annexure-5 with interest shall not be released in favour of the present petitioner; And if the opposite parties fail to show cause or filed insufficient to cause a writ in nature of mandamus be issued directing the Opposite Parties more particularly the Opp. Party No.3 to release/disburse the arrear undrawn family pension as aforesaid within a stipulated period; p. 2 p. 2 And further be pleased to pass any direction(s) or order(s) as this Hon’ble Court may deem fit and proper; And for this act of kindness, the Petitioner shall as in duty bound ever pray. 4. It is contended that arrear family pension as due for the period from 01.09.2017 to 31.10.2018 though was sanctioned and necessary authority slip was issued by the office of Principal Accountant General, but the same since never was intimated to the Petitioner, Petitioner could not draw the same from the concerned Treasury-Opp. Party No.4. 4.1. It is contended that the authorities are not taking any further step to sanction the family pension for the period from 01.09.2017 to 31.10.2018, which has not been disbursed. 5. Mr. S.K. Patra, learned counsel appearing on behalf of Opp. Party No.2 on the other hand contended that family pension for the aforesaid period after being sanctioned, necessary authority slip was issued by the Office of Accountant General and the same was sent to the concerned treasury-Opp. Party No.4. 5.1. However, Petitioner since never went to the office of Opp. Party No.4 to draw the pension so sanctioned, the sanction so made has lapsed and unless the sanctioning authority re-sanction the same and submit p. 3 p. 3 a fresh order, Petitioner cannot draw the undrawn arrear family pension, as claimed. 6. Mr. S.K. Jee, learned Addl. Govt. Advocate basing on the instruction so provided by the Principal Accountant General contended that Petitioner be permitted to move Opp. No.3 for re-sanction of the family pension for the aforesaid period and consequential submission of the proposal before Opp. Party No.2. 7. Having heard learned counsel for the parties and considering the submission made and the instruction provided by Opp. Party No.2, this Court while disposing the Writ Petition directs Opp. party No.3 to re-sanction the family pension for the period from 01.09.2017 to 31.10.2018 within a period of three (3) weeks from the date of receipt of this order and submit the order before Opp. Party No.2. On such receipt of the order, Opp. Party No.2 shall issue necessary authority slip within a further period of two (2) weeks from the date of receipt of the order from Opp. Party No.3 with due intimation to the Petitioner. 8. The Writ Petition accordingly stands disposed of. (Biraja Prasanna Satapathy) Judge Sangita