IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.366 of 2025 Sukanti Sarangi …. Petitioner Mr. J. Sahoo, Advocate -versus- State of Odisha & Others …. Opposite Parties Mr. P.K. Panda, ASC CORAM: HON’BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 12.02.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel appearing for the parties. 3. The present Writ Petition has been filed inter alia challenging order dt.11.12.2019 so passed by Opp. Party No.3 under Annexure-12. Vide the said order, claim of the Petitioner to get the benefit of family pension has been rejected on the ground that the Petitioner is the 2nd wife of the deceased employee-Damodar Sarangi. 4. Learned counsel for the Petitioner contended that 1st wife of the deceased employee died on 20.06.2001 as found from Annexure-15 series and the present Petitioner married the deceased employee in a temple on 07.09.2021 as reflected in Annexure-16. 4.1. It is contended that since the present petitioner married the deceased employee after the death of the 1st wife, Petitioner is to be treated as the legal married wife of the deceased employee and accordingly she is entitled to get the benefit of family pension. It is accordingly contended that the ground on which the claim of the Petitioner has been rejected vide the impugned order dt.11.12.2019 under Annexure-12 is not sustainable in the eye of law. 5. Mr. P.K.Panda, learned Addl. Standing Counsel after going through the documents available under Annexure- 15 series and Annexure-16 contended that the matter be remitted to Opp. Party No.3 for re-consideration of the Petitioner’s claim. 6. Having heard learned counsel for the parties, considering the submissions made and placing reliance on the documents available under Annexures-15 series and Annexure-16, this Court is of the view that the matter requires a fresh adjudication by Opp. Party No.3. 6.1. Therefore, this Court is inclined to quash order dt.11.12.2019 so passed by Opp. Party No.3 under Anexure-12. While quashing the same, this Court remits the matter to Opp. Party No.3 to take a fresh decision on the Petitioner’s claim to get the benefit of family pension. 6.2. Petitioner is directed to provide a copy of this order along with documents enclosed vide Annexure-15 series and Annexure-16 before Opp. Party No.3 for compliance. 6.3. Such a fresh decision be taken within a period of two (2) months from the date of receipt of this order with a due communication to the Petitioner. The Writ Petition accordingly stands disposed of. (Biraja Prasanna Satapathy) Judge Sangita