Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.29451 of 2025 Gopal Krushna Sethi ..... Petitioner Mr. G.K. Nanda, Advocate -versus- State of Odisha &Ors. ..... Opposite Parties Mr. M.R. Mohanty, AGA Mr. S.K. Patra, Advocate (Opp. Party No. 3) CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 01.12.2025 Order No.02 1. This matter is taken up through hybrid mode. 2. Pursuant to order dtd.06.11.2025, an affidavit has been filed by the Petitioner indicating therein that he has got no other source of income, save and except the family pension that he was receiving on the death of his wife. 3. Heard Mr. G.K. Nanda, learned counsel appearing for the Petitioner, Mr. M.R. Mohanty, learned Addl. Govt. Advocate appearing for the State-Opp. Parties and Mr. S.K. Patra, learned counsel appearing for Opp. Party No. 3. 4. The present writ petition has been filed inter alia with the following prayer:- “Under the above circumstances, it is prayed that this Hon'ble Court may graciously be pleased to allow this writ petition directing the Opp. Parties to release the family pension which has been stopped since December- Page 2 of 4. 2024 under Annexure-6 vide letter dt.28.01.2025 of the Treasury Officer, Puri; And may pass any other order/orders, direction/directions as this Hon'ble Court deems just and proper in the facts and circumstances of the case; And for this act of kindness, the petitioner shall, as in duty bound, ever pray.” 5. It is contended that on the death of his wife who was serving as MPHS (Female) on 24.08.2021, Petitioner was sanctioned with the benefit of family pension as due and admissible from the date of his eligibility. It is further contended that while in receipt of such family pension, without any break, the same was stopped w.e.f. January, 2025 basing on the letter issued by the Treasure Officer, Puri in his letter dtd.28.01.2025 under Annexure-6. 5.1. Learned counsel appearing for the Petitioner contended that such benefit was stopped on the ground that some allegations have been made against the Petitioner that he has got married in the meantime. It is however contended that subsequent to issuance of Annexure-6, when an enquiry was directed to be conducted by the Tahasildar, Astaranga by the self-same District Treasury Officer, Puri, Tahasildar vide letter dtd.15.04.2025 under Annexure-7 series gave a definite finding that Petitioner has not yet married. 5.2. It is contended that on the face of such report being provided by the Tahasildar under Annexure-7 series, Opp. Party No. 4 is not taking any action to release the family pension, which has been illegally stopped w.e.f. January, 2025. It is accordingly contended that Opp. Party No. 4 be directed to release the withheld family Page 3 of 4. pension w.e.f. January, 2025 along with the current family pension. It is also contended that Petitioner has never got married for the second time after the death of his wife and he has also got no source of income, save and except the family pension. 6. Mr. M.R. Mohanty, learned Addl. Govt. Advocate on the other hand contended that, while in receipt of the benefit of family pension, when allegations were made that Petitioner has got married, Opp. Party No. 4 stopped the benefit, w.e.f. January, 2025 basing on the letter issued by the Director, Family Welfare on 30.11.2024. It is accordingly contended that since allegations were made that Petitioner while in receipt of the benefit, has got married for the second time, as provided under OCS (Pension) Rules, 1992, he is not eligible to get the benefit any further. 7. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court finds that Petitioner on the death of his wife, was sanctioned with the benefit of family pension vide PPO No. 693846/SF w.e.f. the date he is entitled to. But on the ground that Petitioner has got married for the second time, such benefit was stopped w.e.f. January, 2025, in terms of the impugned letter issued on 28.01.2025 under Annexure-6. 7.1. This Court finds that after such stoppage of the benefit when Tahasildar, Astaranga was directed to cause an enquiry by the self- same Opp. Party No. 4, vide letter dtd.15.04.2025 under Annexure-7 series, it was clearly intimated that Petitioner has not yet remarried. In view of such report available in the record and which has been provided in terms of the request made by Opp. Party No. 4, this Court is of the view that the ground on which Petitioner’s family Page 4 of 4. pension has been stopped w.e.f. January 2025 is not sustainable in the eye of law. 7.2. Therefore, while disposing the writ petition with quashing of the impugned communication dtd.28.01.2025 under Annexure-6, this Court directs Opp. Party No. 4 to release the family pension as due and admissible in favour of the Petitioner w.e.f. January, 2025 within a period of six (6) weeks from the date of receipt of this order. Opp. Party No. 4 is also directed to release the current family pension without any break in favour of the Petitioner. 8. The writ petition accordingly stands disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Sneha