CHUDAMANI PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD learned counsel for parties

(2.) IT appears that petitioner's husband retired on 30.4.1979 and as for a period of 20 years, the post -retirement benefits had not been paid the petitioner, who claims to be his widow, had no other option but to file this writ application on 23.6.1999, after serving a copy thereof upon learned counsel appearing on behalf of the State. Thereafter the case was put up before the Bench after about two months, i.e., on 16.8.1999 on which date two more copies were directed to be served upon learned counsel appearing on behalf of the State to obtain instruction and the case was adjourned for two weeks. Unfortunately the case was listed on 8.3.2000, i.e., after seven months and on the said date we gave a clear cut direction to the State Counsel to file counter affidavit on behalf of the State on the next date fixed in the case.

(3.) FURTHER affidavit has been filed on behalf of opposite party No. 3 today in which it has been stated that copy of letter No. 8494 dated 9.3.2000 sent from the office of the Advocate General to the Commissioner -cum -Secretary to Government, School and Mass Education Department was received by him on 28.3.2000 intimating therein to file counter -affidavit within ten days positively. Thereafter by letter dated 30.3.2000 opposite party No. 3 sent para -wise comments to the office of learned Advocate General for preparation of counter affidavit which was received here on 4.4.2000. It has been stated in the affidavit that on 8.3.2000 this Court had adjourned the matter to 10.4.2000 and directed to serve a copy of the order dated 8.3.2000 on the learned counsel appearing for the State, which was issued by the Superintendent of this Court on 7.4.2000 and same was received on 10.4.2000 by learned counsel for the State. It has been further stated that opposite party No. 3 was not aware that counter affidavit had to be filed by 10.4.2000.