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IN THE HIGH COURT OF ORISSA AT CUTTACK
ADITYA KUMAR MOHAPATRA
Biswamitra Dhal – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. overview of facts and petitioner's claims for pension. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. petitioner's legal arguments regarding pension entitlement. (Para 7 , 9 , 10 , 11 , 12 , 13) |
| 3. opposite parties' arguments against pension entitlement. (Para 15 , 18 , 21) |
| 4. court's analysis of pension law and dependency issues. (Para 23 , 24 , 28 , 30 , 36 , 40) |
| 5. final ruling on the entitlement of family pension. (Para 45 , 46 , 48) |
JUDGMENT :
A.K. Mohapatra, J.
1. The above batch of Writ Petitions has been filed with the principal prayer to direct the concerned Opposite Parties to sanction and disburse family pension in favour of the Petitioners. Since the Writ Petitions are all founded on an identical factual matrix and involve similar questions of law, for the sake of expediency, they are taken up together for analogous hearing. W.P.(C) No.33864 of 2021 is taken up as the lead matter for the sake of convenience and to analyses the factual background of the writ petitions.
2. The W.P.(C) No.33864 of 2021 has been filed with a prayer to set- aside the impugned order dated 17.08.2021 passed by the office of the Principal Accountant General (A&E), Bhubaneswar, Odisha, under Annexu
A divorced daughter is entitled to family pension if she was dependent on the deceased pensioner at the time of death, irrespective of the divorce being post-death.
The entitlement of a divorced daughter to a share of the family pension under the Central Civil Services (Pension) Rules, 1972 and relevant office memorandums.
The court established that a divorced daughter is not entitled to family pension unless she demonstrates dependency on her deceased parent at the time of death and initiates divorce proceedings durin....
A divorced daughter, if dependent on her father cannot be excluded and has to be included within the meaning of the word family and has to be treated at par with an unmarried daughter.
Family pension eligibility is determined by the rules in effect at the time of a parent's death, and administrative changes cannot retroactively alter established rights.
Service Law – Family Pension - Family pension can be granted to divorced daughter in case where divorce proceedings have been filed in a competent Court during life time of employee – pensioner and d....
The main legal point established in the judgment is that a divorced daughter is entitled to family pension under the OCS (Pension) Rules, 1992, if her income meets the eligibility criteria specified ....
Family pension precedence for elder widowed daughter over unmarried daughter requires proof of dependency; absent such proof despite opportunities, pension granted to nominated dependent unmarried da....
Divorced daughters are entitled to family pension similar to unmarried daughters, emphasizing dependency and socio-economic justice rather than strict adherence to employment status.
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