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2016 Supreme(Ori) 1219

C.R.DASH
SAMSER KHAN – Appellant
Versus
COMMANDANT, 202 BN, COBRA, CRPF, SUNABEDA, KORAPUT – Respondent


Advocates Appeared:
M/s. Bibekananda Bhuyan, Smt. S. Patra, C.R. Swain, Advocates, for the Petitioners; M/s. S.D. Das, A.S.G.I, M/s. B.N. Udgata, P. Behera, M/s. Bidhayak Patnaik, S.K. Swain, B. Rath, M/s. S.A. Nayeem, Md. Abid, Advocates, for the Opp. Parties

JUDGMENT :

C.R. Dash, J. - Samser Khan (petitioner no.1) and Mamtaz Begum (petitioner no.2) are father and mother respectively of late Wasim Hossain Khan. Opposite party nos.5 to 8, who are brought on record through intervention, are the brothers and sister of aforesaid late Wasim Hossain Khan. Ruksana Khatoon (opposite party no.4) is the widow of late Wasim Hossain Khan. The petitioners, who are parents of late Wasim Hossain Khan, have filed this writ petition for payment of legitimate dues from the retirement-cum-death benefits of their deceased son in favour of them.

2. Wasim Hossain Khan was working as a Constable/GD under the Commandant, 202 BN, COBRA CRPF, Sunabeda, district Koraput in the State of Odisha. On 07.07.2012, his marriage was solemnised with Ruksana Khatoon-O.P. No.4 as per the Muslim Rites and Customs. On 30.11.2012, Wasim Hossain Khan expired at the age of 25 years. After his death, a sum of Rs. 10,000/- (Rupees ten thousand) in cash was immediately given to his widow (O.P. No.4) as financial assistance from the Unit Welfare Fund. After performance of the funeral rites, O.P. No.4 went to her parents' house and it is alleged that she terminated her pregnancy with i

































































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