Sarmistha Pattnaik vs. State Of Odisha

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the writ application as well as documents annexed thereto.

The present writ petition has been filed by the petitioner with the following prayers: “Under the aforesaid facts and circumstances and the submission made above. it is therefore prayed that this Hon'ble Court may graciously be pleased to quash / setting aside the impugned order issued by the authority( Undersecretary )of Finance Dept. Govt. Of Odisha dated 02.02/03.2023 Annexed as Annexure-4. . And further directions may be issued to the opp-parties to release the family pension in favour of the petitioner with immediate effect with arrear. And any other order / orders as deem fit and proper be passed.”

Learned counsel for the petitioner at the outset contended that the present petitioner, who happens to the widowed daughter of the pensioner, had applied for family pension in view of the provisions contained in Rule 80(2)(B)(iii) of the O.C.S (Pension) Rules, 1992 by submitting a duly filled-in form-K along with all supporting documents. The application of the petitioner for grant of family pension has been rejected by the Financial Department, Govt. of Odisha vide letter dated 02.02.2023 under Annexure-4 to the writ application. Further, drawing attention of this Court to the impugned rejection order under Annexure-4, learned counsel for the petitioner impugned order dated 02.02.2023 under Annexure-4. On such ground, learned counsel for the State submitted that the impugned rejection order is purportedly legal and does not call for any interference by this Court at this stage. Accordingly, it was prayed that the writ application is devoid of merit and the same is liable to be dismissed at the threshold.

Having heard the learned counsels appearing for the parties, on a careful examination of the documents annexed to the writ application, taking note of the pleadings as well as the prayer made in the writ application, this Court observes that the present writ application has been filed by the widowed daughter of the pensioner for grant of family pension. Further, it appears that an application was submitted under the Rule 80(2)(B)(iii) of the O.C.S (Pension) Rules, 1992 and such fact is not disputed by either side. However, the application of the petitioner for grant for family pension has been rejected by virtue of the impugned order dated 02.02.2024 under Annexure-4. On a careful scrutiny of the impugned rejection order under Annexure-4, this Court found that the same is devoid of any reasoning and is not a speaking order. By virtue of the impugned order the petitioner has only been communicated with a decision that her application has been rejected. On a careful scrutiny of the impugned rejection letter, this Court is of the view that the same fails to meet the requirement of the executive to take in form decision and to communicate the grounds of that decision to the persons who are likely to be affected. In such view of the matter, this Court is of the considered view that the impugned rejection order under Annexure-4 is unsustainable in law. Therefore, this Court has no hesitation in . quashing the impugned order dated 02.02.2024 under Annexure-4. With the aforesaid observations/directions the writ petition stands disposed of.