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2025 DAILYLAW 73750 (ORI)

MANORAMA MISHRA v. STATE OF ODISHA

WP(C)/24056/2024 · 2025-11-18

Dixit K S

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.24056 of 2024 Manorama Mishra …. Petitioner Mr. A. Dash, Advocate -Versus- State of Odisha and others …. Opposite Parties Mr. S.K. Jee, AGA CORAM: JUSTICE DIXIT KRISHNA SHRIPAD Order No. 02. ORDER 18.11.2025 Petition prayer reads as under: “Under the facts and circumstances as narrated above it is humbly prayed that, this Hon'ble Court may graciously be pleased to issue notice to the Opp. Parties and after hearing the parties be pleased to quash the order dated 9.7.2024 passed by the Opp. Party No. 6 under Annexure-10 and direct the opposite parties to grant all pensionary benefits along with Temporary Increase and other consequential benefits including interest for delay in payment of pension alongwith Temporary Increase in favour of the petitioner within a stipulated time;” 2. The subject matter of this petition is substantially similar to the one treated by a Co-ordinate Bench of this Court in W.P.(C) No.22660 of 2016 between Subashini Patnaik v. State of p. 2 Odisha, disposed off on 26.04.2023. At Para-12 of the said decision, it is observed as under: “12. Resultantly, the writ petition is allowed. The opposite party authorities are directed to pass necessary orders extending the benefit of family pension to the petitioner in accordance with the Rules, if there is no other legal impediment. Having regard to the fact the petitioner is an old lady, aged about 80 years necessary orders shall be passed as directed within a period of four weeks.” In the above circumstances, writ petition is allowed; a Writ of Certiorari issues quashing the impugned order dated 09.07.2024, a copy whereof avails at Annexure-10. Claim of the petitioner for family pension has to be considered in the light of the rules that obtained as on the date of superannuation of the employee, who died on 17.03.1973. Time for compliance is eight weeks. Now, no costs. Web copy of this order to be acted upon by all concerned. ( Dixit Krishna Shripad ) Judge Anisha Designation: Jr. Stenographer