IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.7549 of 2024 An application under Articles 226 & 227 of the Constitution of India.

Smt. Lilima Behera …. Petitioner Mr. Amit Kumar Das, Advocate -versus-

State of Orissa …. Opposite Party Mr. M.R. Mohanty, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA _____________________________________________________

Date of hearing and Judgment: 05.02.2025 ______________________________________________________

A.K. Mohapatra, J. :

1. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the State-Opposite Party. Perused the pleadings of the respective parties as well as documents annexed thereto.

2. The Petitioner has filed the present writ application with the following prayer:

“It is, therefore, humbly prayed that this Hon’ble court may graciously be pleased to: -

a) Allow this Writ petition, issue Rule Nisi calling upon the Opp. Party to show cause as to why the Petitioner shall not receive pension of Late Uttam Behera and direct the O.P to change the change the nomination in favour of petitioner’s husband, Sri Sanjay Kumar Behera for acceptance as nominee to receive family pension of deceased Sri Uttam Behera of the within a time period as fixed by this Hon’ble Court.

b) And pass any other order/orders, direction/directions which this Honourable Court may deem fit and proper in the circumstances of this case,”

3. The present writ application has been filed by the Petitioner with a prayer for a direction to the Opposite Parties to pay the disabled family pension in favour of her husband, namely Shri Sanjay Kumar Behera, who happens to be the disabled son of the deceased government employee, namely Late Uttam Behera, after accepting the husband of the Petitioner as a nominee to receive the family pension of the deceased-government employee, viz., Late Uttam Behera.

4. The case of the Petitioner in a nutshell is that the husband of the present Petitioner is a disabled son of one Late Uttam Behera who was engaged in the office of the Special Relief Commissioner, Govt. of Odisha as a Lunch Driver. On attaining the age of superannuation, Late Uttam Behera retired from government service w.e.f. 30.06.1994. Thereafter, the government employee was receiving pension till his death on 22.02.2022. The pleadings further reveal that the wife of the above named government employee has pre-deceased the government employee on 22.01.2010. After the death of the said Late Uttam Behera, his son, i.e. the husband of the present Petitioner, applied for grant of family pension on the ground that he is a disabled son of the deceased-government employee. It further appears that the husband of the present Petitioner, being a disabled child, was entirely dependant on his father for his bread and butter and for the survival of his own family, including the present Petitioner. Since, the Petitioner is eligible to get family pension, he had submitted an application before the sole Opposite Party on 28.10.2022. Such application has been rejected by the Opposite Party vide letter dated 23.11.2023. It is in this background that the Petitioner has approached this Court by filing the present writ application.

5. Learned counsel for the Petitioner at the outset contended that in view of Rule 56(5) of the OCS (Pension) Rules, 1992, the Petitioner is eligible to get family pension. Accordingly, after the death of the government employee, the Petitioner submitted his application for grant of family pension on 28.10.2022 under Annexure-5 to the writ petition. He further contended that the application for grant of family pension was also submitted keeping in view the notification of the State Government dated 23.07.2011 under Annexure-3 to the writ petition. Further, referring to the said notification, learned counsel for the Petitioner submitted that such notification covers the disabled children of the pensioner for receiving family pension under Rule 56(5)(e) of the OCS (Pension) Rules: “disabled son is