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2026 DAILYLAW 2089 (ORI)

SUMITRA NAYAK @ NAIK v. STATE OF ODISHA

WP(C)/10078/2026 · 2026-04-07

Biraja Prasanna Satapathy

Writ Petition (Civil)body2026

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 10078 of 2026 Sumitra Nayak @ Naik ..... Petitioner Mr. T. Panigrahi, Advocate -versus- State of Odisha & Ors. ..... Opposite Parties Mr. S. Das, ASC CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 07.04.2026 Order No. 01 1. This matter is taken up through hybrid mode. 2. Heard learned counsel for the Petitioner and learned counsel appearing for the Opp. Parties. 3. Petitioner has filed the present writ petition inter alia with the following prayer:- “It is therefore most humbly prayed that this Hon'ble Court may graciously be pleased to:- i) Admit and allow the case; ii) Call for the records; iii) Issue Rule NISI calling upon the opp. Parties as to why the pensionary benefits of deceased mother including Family pension shall not be paid to the petitioner a unmarried daughter of deceased employee and in case opp. Parties are make counter or insufficient counter make the Rule absolute by issuing any Writ (s) in nature of; iv) Issue a Writ of Mandamus by directing opp. Parties specifically Opp. party No.1 and 2 if a fresh representation is followed by petitioner within the stipulated time same shall be considered immediately towards genuine grievance of the petitioner for Page 2 of 2. disbursement of pensionary benefits and family pension in her favour as her mother died in service in harness working as a Sweeper in CHC Kanas; And pass any order/direction/direction(s) in favour of the Petitioner as deemed fit. And for which act of kindness, the petitioner shall as in duty bound, ever pray.” 4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a fresh representation before Opp. Party No. 3 by enclosing all the relevant documents and citations in support of her claim, if any, within a period of three (3) weeks hence. 5. It is observed that if such representation is filed within the aforesaid time period, Opp. Party No. 3 shall do well to take a lawful decision on the same within a period of three (3) months from the date of receipt of such representation. The order so passed by Opp. Party No. 3 be communicated to the Petitioner. 6. With the aforesaid observation and direction, the Writ Petition is disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Sneha