IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.34116 of 2022 Gayatri Rath …. Petitioner Mr. S.K. Mishra, Advocate -versus- State of Odisha and Others …. Opposite Parties Mr. S.K. Jee, AGA Mr. S.K. Patra, Advocate for O.P. No.6 CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 04.08.2025 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel for the parties. 3. The present Writ Petition has been filed inter alia challenging communication dated 21.09.2022 so issued by the Principal, Accountant General-O.P. No.6 under Annexure-13. Vide the said communication, pension papers submitted by the Pension Sanctioning Authority seeking grant of family pension in favour of the petitioner were sent back on the ground that petitioner since has become a widow, after the death of the pensioner, in terms of the Finance Department Letter dated 24.09.2020, petitioner’s claim be re-verified and on such verification, if it is found that petitioner is eligible, then to re-submit the pension papers for such sanction of family pension. 4. It is contended that the deceased employee while in receipt of pension, died on 22.10.2011. Thereafter, the wife of the deceased employee/mother of the present petitioner, got the benefit of family pension till she died on 22.06.2015. However, subsequently when the petitioner became widow having lost her husband on 25.02.2018, she raised her claim to get the benefit of family pension in terms of the provisions contained under Rule-56 of the OCS(Pension) Rules, 1992. 4.1. It is contended that such claim of the petitioner when was forwarded to the office of O.P. No.6, vide the impugned communication dated 21.09.2022, O.P. No.5 has been requested to re-submit the same taking into account the clarification issued by the Finance Department on 24.09.2020. 4.2. Learned counsel for the petitioner contended that similar issue was before this Court in W.P.(C) No.14235 of 2024 and this Court vide order dated 04.09.2024, held the petitioner therein to get the benefit of family pension. View taken by this Court in Para-7 of the order reads as follows:- “7. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court finds that on the death of the original pensioners on 03.05.2009, who was in receipt of pension vide PPO No.79303, Petitioner’s mother was allowed family pension till she died on 20.02.2018. After such death of the Petitioner’s mother, Petitioner raised the claim to get the benefit of family pension w.e.f. 21.02.2018, placing reliance the provisions contained under Rule-56(5) (e) of OCS (Pension) Rules, 1992. This Court after going through the provision finds that family pension is admissible to a widowed / divorced daughter even after attaining the age of twenty five years till her re-marriage or death whichever is earlier subject to the condition enumerated therein.” 4.3. It is accordingly contended that the claim of the petitioner though is squarely covered by the aforesaid order, non-submission of the pension paper after receipt of Annexure-13 on the part of O.P. No.5 is not only illegal but also the action of O.P. No.6 in returning back the proposal vide the impugned communication dated 21.09.2022 under Annexure-13. 5. Learned Addl. Govt. Advocate on instruction contended that since petitioner became a widow much after the death of the deceased employee on 25.02.2018, in view of the clarification issued by the Finance Department on 24.09.2020, she is not eligible to get the benefit. Similar contention was also raised by the learned counsel appearing for O.P. NO.6. 6. Having heard learned counsel for the parties and considering the submissions made, it is found that the original pensioner while in receipt of pension died on 22.10.2011 and subsequently mother of the petitioner was sanctioned with the benefit of family pension till she died on 22.06.2015. It is not disputed that the present petitioner became an widow on 25.02.2018. Placing reliance on the decision as cited (supra), this Court is of the view that petitioner is otherwise eligible to get the benefit of Family Pension. Accordingly, while disposing the Writ Petition, this Court directs O.P. No.5 to re-submit the pension paper of the petitioner within a period of 6(six) weeks hence. On such re-submission of the pension paper, O.P. No.6 is directed to take a decision in the light of the order passed in W.P.(C) No.14235 of 2024 and sanction the family pension from the date of eligibility of the petitioner if she is otherwise eligible entitled to within a period of 6 (six) weeks from the date of receipt of proposal from O.P. No.5. 7. With the aforesaid observation and direction, the Writ Petition stands disposed of. (Biraja Prasanna Satapathy) Judge Basudev