Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.2041 of 2026
Rasmita Pradhan & Ors.
….
Petitioners Mr. R.K. Acharya, Advocate
-versus-
State of Odisha & Others
…. Opposite Parties Mr. S. P. Das, ASC
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
Order No.
ORDER 13.02.2026
01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. On the oral prayer made by the learned counsel appearing for the Petitioners, he is permitted to implead Member Secretary-cum-Transport Commissioner, Odisha as Opposite Party No.4 in Court today. 3. Heard learned counsel appearing for the Parties. 4. The present Writ Petition has been filed inter alia with the following prayer:-
“It is therefore prayed that this Hon'ble Court may graciously be pleased to admit the writ petition, call for the records, issue Rule NISI calling upon the Opp. Parties to show cause as to why appropriate direction shall not be issued to the Opp. Parties to pay compensation of Rs.4,00,000/- along with interest @ 12% per annum from the date of accident to the petitioners on account of death of Sunil Pradhan. And if the Opp. Parties do not show cause or show insufficient cause issue a Writ in the nature of Mandamus directing the Opp. Parties to pay Rs.4,00,000/- as compensation along with interest @ 12% per annum from the date of accident on the Compensation amount to the
petitioners within a stipulated period of time as fixed by this Hon'ble Court. And further pass any Order/Orders or Direction/Directions as the Hon'ble Court may deem fit and proper; And for this act of kindness the petitioners shall s in duty bound ever pray.”
5. It is contended that on the death of the Petitioners husband, Petitioners though have made an application under Annexure-4-Series, but till date no decision is being taken on such claim of the Petitioners. 5.1. It is further contended that such claim has been made by the Petitioners in terms of the provisions contained under the Odisha Motor Transport Drivers & Workers Welfare Scheme, 2023. 5.2. It is further contended that such a Scheme was formulated in exercise of the power conferred under the provisions of Unorganized Workers Social Security Act,
2008. 6. Mr. S.P. Das, learned Addl. Standing Counsel on the other hand contended that as provided under the Scheme, Petitioners have to make the claim before the Member Secretary who happens to be the Transport Commissioner in terms of the provisions contained under Para-3 read with Para-20 of the Scheme. 7.
Having heard learned counsel appearing for the Parties and considering the submissions made, this Court while disposing the Writ Petition permits the Petitioners to
move Member Secretary-cum-Transport Commissioner, Odisha-Opposite Party No.4 for consideration of their grievance as made in the Writ Petition. 7.1. It is observed that if any such claim application in the prescribed format will be filed within a period of two (2) weeks hence, Opp. Party No.4 shall do well to take a lawful decision on the same within a period of six (6) weeks from the date of receipt of such application. The order so passed by Opp. Party No.4 be communicated to Petitioner No.1. 8. With the aforesaid observation and direction, the Writ Petition is disposed of. (Biraja Prasanna Satapathy)
Judge Subrat