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2022 Supreme(Ori) 230

B.R.SARANGI, SAVITRI RATHO
Jyotsna Rani Mohanty – Appellant
Versus
Secretary, Indian Council of Agricultural Research – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: J.K. Rath, D.N. Rath, P.K. Rout, A.K. Saa, P. Prusty.
For the Respondents: M.K. Pati, B.S. Tripathy, M.K. Rath, J. Pati, N. Panda.

JUDGMENT :

B.R. SARANGI, J.

1. Jyotsna Rani Mohanty, the widow of late Bansidhar Mohanty, being opposite party no. 5 before the Central Administrative Tribunal, has filed this writ petition seeking to quash the order dated 12.03.2018 under Annexure-9 and to issue direction to opposite parties no. 3 and 4 not effect the family pension in favour of opposite party no. 5-divorced daughter of deceased government employee, who was applicant before the tribunal, and to hold that the petitioner is legally entitled to reimbursement of the family pension deducted from her dues on the plea that excess amount had been paid to the late husband of the petitioner and the same was utilized by some stranger.

2. The factual matrix of the case, in brief, is that late Bansidhar Mohanty was appointed under the Central Rice Research Institute, Cuttack, a Central Government establishment, and while he was continuing as such, was promoted to the post of Asst. Administrative Officer. The petitioner is the legally wedded wife of late Bansidhar Mohanty and out of their wedlock, they blessed with one daughter, namely, Swagatika Mohanty and a son, namely, Dipak Mohanty. On attaining the age of superannuation, lat

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