Extracted from the PDF above. The PDF is authoritative.
Page 1 of 3.
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.6358 of 2026 Geetarani Dash @ Dixit ..... Petitioner
Represented by Adv. - Sanjib Kumar Rath -versus- State Of Odisha & Ors. ..... Opposite Parties
Represented by Adv. – Mr. U.C.Jena, A.S.C.
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 05.03.2026
Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel appearing for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto.
3. The Petitioner has filed the present writ application with the following prayer:
“Under the above facts and circumstances of the case, it is humbly prayed that this Hon'ble Court may graciously be pleased to issue writ of mandamus/certiorari or any other appropriate writ be issued directing the Opp. Parties, particularly O.P No.2 and 3 to release family pension and death cum retirement gratuity in favour of the petitioner, in accordance with the retirement benefits
Page 2 of 3. Rule 1981, otherwise in accordance with law, being the widow of an approved employee of an aided institution as due & admissible in accordance with Orissa Aided Educational Institutions Employees Retirement Benefit Rules 1981 and taking into account the ratio decided in the judgment pronounced by this Hon'ble Court in the case of Sarat Chandra Parida-Vrs-State of Odisha and others reported in 2015(ll)lLE-CUT-94 and
judgment dtd. 12.01.2024 passed in W.P.(C) No. 17067/2023within a reasonable time to be stipulated by this Hon'ble Court; Or in alternative, in the interest of justice & equity, any other appropriate Writ(s), direction(s), order(s) be passed, directing the Opp. Parties to release family pension and death-cum-retirement gratuity in favour of the petitioner from the date of death of her husband in accordance with provisions of the retirement benefits rules with due interest on the arrear as this Hon'ble High court deem fit and proper.”
4. The subject matter of this petition is substantially similar to the one in Hemanta Kumar Chhotray V. State of Orissa and others, 2024 (1) OLR 709 and, therefore, counsel for the Petitioner submits that the benefit given to the litigants in the subject case should be extended his client as well.
5. Learned Additional Standing Counsel appearing for the State-Opposite Parties submits that the said matter is subjudice in Writ Appeal No.197 of 2024. However, on being asked, he tells that there is no interim order staying the judgment of the learned Single Judge. This Court in a number of similar matters has already ordered extensions of the said benefits subject to outcome of the
Page 3 of 3. Writ Appeal and therefore, the same course needs to be adopted here also, if there are no other legal impediments.
6. Ordered accordingly, without expressing any opinion on the merits of the matter, the writ petition is disposed of subject to outcome of the writ appeal mentioned above. Compliance within eight (8) weeks.
Web copy of order to be acted upon by all concerned.
(Aditya Kumar Mohapatra)
Judge
Rubi