Union of India vs Umesh Chandra Mohapatra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Ori) 494

IN THE HIGH COURT OF ORISSA AT CUTTACK
B.R.SARANGI, B.P.SATAPATHY
Union of India – Appellant
Versus
Umesh Chandra Mohapatra – Respondent

Advocates Appeared:
For the Petitioners: Mr. Dipti Ranjan Bhokta, Central Government Counsel
For the Opp. Parties : M/s. Swapna Ku. Ojha, S.K.Nyaak and J. Jena, Adv.

Table of Content
1. challenge to tribunal's orders regarding family pension. (Para 1 , 2)
2. arguments on the eligibility of family pension for married disabled children. (Para 3 , 4)
3. court's assessment of facts and procedural history. (Para 5 , 12)
4. interpretation of pension rules and application of office memorandum. (Para 6 , 7 , 8 , 9 , 10 , 11 , 14)
5. legal precedent regarding accrued rights in pension cases. (Para 15 , 16 , 20)
6. court's conclusion on pension entitlement and modification of previous orders. (Para 21 , 22)
7. final order regarding family pension entitlement. (Para 23)

JUDGMENT :

B.R. SARANGI, J.

The Union of India and its functionaries have filed this writ petition challenging the legality and propriety of the order dated 17.12.2021 passed in O.A. No. 260/00438 of 2020 under Annexure-1, as well as the order dated 19.05.2022 passed in M.A. No.260/00197 of 2022 under Annexure-2 by the Central Administrative Tribunal, Cuttack Bench, Cuttack.

2. The factual matrix of the case, in brief, is that, the father of the opposite party, who was working as a Daftari under the petitioners, retired from Government service on 31.08.1992. He was extended with the pension under PPO

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2022 Supreme(Ori) 494

IN THE HIGH COURT OF ORISSA AT CUTTACKB.R.SARANGI, B.P.SATAPATHYUnion of India – AppellantVersusUmesh Chandra Mohapatra – Respondent

Cases Referred (2)

IN THE HIGH COURT OF ORISSA AT CUTTACK
B.R.SARANGI, B.P.SATAPATHY
Union of India – Appellant
Versus
Umesh Chandra Mohapatra – Respondent