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Judgment
Murahari Sri Raman, J
This matter is taken up through hybrid mode.
Heard Mr. Lalatendu Samal, learned counsel appearing on behalf of Mr. Sudhansu Sekhar Pratap, learned counsel for the petitioner and Mr. R.N. Mishra, learned Additional Government Advocate appearing for the State-opposite parties.
The petitioner has filed this writ petition/original application seeking appropriate direction to the opposite parties to extend family pension to the widow of the employee, namely, late Kasinath Dalabehera, who died on 22.09.1998, while working as Job-Contract employee and following relief(s) is sought for:-
“In view of the facts stated in Paragraph-6 above, the applicant prays for the following relief(s):-
i) The Hon’ble Tribunal may graciously be pleased to admit the Original Application and direct the respondents to brought over the husband of the applicant under regular establishment prior to his death i.e. 22.09.1998 in any existing vacancy under the respondent No.5 in view of the Govt. guideline and sanction the family pension with all arrear family pension within a stipulated time as fixed by this Hon’ble Tribunal.
ii) Any other relief(s) as the Hon’ble Tribunal deems fit and proper be awarded in favor of the applicant for the interest of justice.”
Mr. R.N. Mishra, learned Additional Government Advocate appearing for the State-opposite parties stated that counter affidavit has been filed on behalf of the opposite party No.3-the Director, Land Records Survey and Consolidation, Odisha, Cuttack and referred to paragraphs-1, 2, 3 & 4 thereof, contents of which are quoted herein:-
“1. That, in reply to Paras-6.1 to Para 6.6 it is humbly submitted that, the husband of the applicant late Kasinath Dalabehera was engaged in Job-contract service on 07.02.1978 and died on 22.09.1998 Govt. in Revenue & D.M. Deptt, vide their letter no.19843 dated 11.05.2005 have decided that J.C. employee who is continuing as on 11.05.2005 and is due to retire within the said financial year in service may be regularized one month before his retirement in order to get pension as per his entitlements.
Further Govt. in Revenue & D.M. Deptt, vide their letter No.35277 dated 19.12.2015 have allowed Pension/family pension retrospectively in favour of J.C. employees who have been retired/died in between 16.07.1996 to 15.03.2005 in order to comply the orders of the Hon’ble Courts.
That, it is humbly submitted that after receipt of name of husband of the applicant from Deputy Director, CH, Bhubaneswar vide his letter no.443 dated 28.05.2016, the name of the husband of the applicant along with other J.C. employees has been send to Govt. in Revenue & D.M. Deptt., for sanction of pension/family pension vide this Directorate letter No.943 dated 07.03.2017. A copy of this Directorate letter No.943 dated 07.03.2017 and relevant portion indicating the name of the husband of the applicant is enclosed as Annexure-“A”.
That, it is humbly submitted that after receipt of instruction from Govt. regarding sanction of pension/family pension in favour of the applicant, the concerned pension sanctioning authority will be intimated for sanction of pension/family pension.
No report from respondent no.1 has been received till today, awaiting for reply.”
He referred to Letter No.XXXIX-37/2015(Pt)-943/C.H. dated 07.03.2017 under Annexure-A, which reads as follows:-
“From
Sri Sarat Chandra Swain, O.S.D. & Under
Secretary, (C.H.)
To
The Joint Secretary to Govt. in Revenue & D.M.
Deptt, Odisha, Bhubaneswar.
Sub:- Left-out pension cases Ex-J.C. employees in respect of
Consolidation and Settlement Organization who were retired/expired after 16.07.1996 without regularization and prior to 16.07.1996
Ref:- Govt. in Revenue & D.M. Deptt, letter No.NGEA-POLICY-0007/1652/RDM dt.16.01.2017.
Sir,
In inviting reference to the letter on the subject cited above, I am directed to say that Govt. in Revenue & D.M. Deptt, vide their letter No.35277/RDM dt.19.12.2015 and letter No.9465/RDM dt.26.03.2016 have allowed minimum pension/family pension in favour of 624 nos. of job Contract employees of Consolidation & Settlement organization who were retired/died after 16.07.1996 without being regularized with concurrence of Govt. in Finance Deptt, vide UOR No.5606-ACSF dt 27.11.2015.
But some similarly situated persons retired after 16.07.1996 were left-out for availing such benefit at that time and some of them have submitted their grievances and some of them have taken shelter of the Hon’ble Courts for which all the JDCHs/DDCHs have been requested to furnish list of such employees. In response, all the JDCHs/DDCHs have furnished the list of left-out J.C. employees retired/died after 16.07.1996 without regularization along with a list of J.C. employees retired prior to 16.07.1996. Further Govt. in Revenue & D.M. Deptt, vide their letter No.1652/RDM dt 16.01.2017 have also requested to submit the list of left-out cases to Govt. for necessary consideration.
The Addl. Director (LR&S) has submitted the list of left-out J.C. employees retired/died after 16.07.1996 and prior to 16.07.1996 in respect of Settlement Organization vide his letter No.579 dt.02.02.2017 for submission of a consolidated list of both the wings to Govt. in Revenue & D.M. Deptt, for further necessary action.
Basing on the reports of JDCHs/DDCHs and Addl. Director (LR &S) three separate lists of such employees have been prepared in respect of Consolidation & Settlement organization i.e. 155(56 Consolidation+99 Settlement) Ex-J.C. employees retired/died between 16.07.1996 to 15.03.2005 in statement-1, 99(52 consolidation+47 Settlement) Ex-J.C. employees retired/died after 15.03.2005 in statement-2 and 47(22 consolidation + 25 Settlement) Ex-J.C. employees retired/died prior to 16.07.1996 in statement -3 along with financial implication thereon with certain remarks in the remarks columns which may kindly be perused. The list of separate three statements are enclosed here with for reference.
In the view of the above, in enclosing herewith the list so prepared on the basis of report received from Addl. Director (LR&S) and all JDCHs/DDCHs for sanction of pension/family pension in favour of J.C. employees those who were retired/died after 16.07.1996 and prior to 16.07.1996 beyond the cases of 624 J.C. employees and it is requested to please place the matter before the Govt. in Revenue & D.M. Deptt for further necessary action in the matter.”
Said letter forms part of counter and copy of said letter is furnished for perusal of this Court.
In view of the above, since relief sought for has been considered by the opposite parties, it is hoped and trusted that the Department has taken steps to extend the benefit as stated in the counter and acted in accordance with the terms of the document/letter enclosed thereto.
Considering the submissions made by learned counsel for the parties and without expressing any opinion on the merits of the case, it is directed that the opposite parties may adhere to the aforesaid contents as stated in the counter along with the letter enclosed thereto within a period of three months, if not already extended the said benefits.
With the aforesaid observation and direction, the writ petition stands disposed of.
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