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2021 Supreme(Ori) 172

B.R.SARANGI
Sujata Mohanty – Appellant
Versus
Berhampur University – Respondent


Advocates Appeared:
M.S. Sahoo, Advocate, P.K. Kuanr, Advocate, C.R. Swain, Advocate, B.S. Mishra, Advocate, A.R. Mishra, Advocate

JUDGMENT

B. R. Sarangi, J. - The petitioner, by means of this writ petition, seeks to quash the communication dated 11.03.2019 at Annexure-7, whereby the Comptroller of Finance, Berhampur University has rejected the claim of the petitioner for family pension, and to issue direction to the opposite parties to sanction and disburse family pension in her favour within a stipulated period.

2. The factual matrix of the case, in brief, is that the petitioner is the daughter of late Sarada Prasad Mohanty, who was working as Professor in the department of Physics under Berhampur University and retired from service on 31.07.1999 on attaining the age of superannuation. Though the petitioner was married, her marriage was dissolved by a decree of divorce under Section 13(B) of Hindu Marriage Act on 12.05.1995 by the Court of learned Civil Judge (Sr. Division), Bhubaneswar in T.S. No.236 of 1998. As a consequence thereof, she stayed with her parents and was fully dependent on them. While she was so continuing, her mother, Renuka Mohanty and wife of late Sarada Prasad Mohanty expired on 28.08.2010. Accordingly, her father submitted an application for change of nomination in favour of the petitione

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