NIRMALI SAMAL Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) The instant challenge is to laciniate the office order dated 24.3.2012, vide Annexure-7, passed by the Principal Secretary to Government rejecting the prayer of the petitioner for grant of family pension.

(2.) Bereft of unnecessary details the short facts of the case of the petitioner are that Abhiram Samal was working as a Havildar in the Orissa State Armed Police, 4th Battalion, Rourkela. A disciplinary proceeding was initiated against him on the ground that while his first legally married wife Smt. Nalini Samal is alive, he married Smt. Nirmali Samal, the present petitioner, in contravention of Government Servants Conduct Rules, 1959 without obtaining prior permission. He was dismissed from service on 23.6.1990 by opposite party no.4. Thereafter, he challenged the order before the learned Orissa Administrative Tribunal in O.A. No.1799(C) of 1993. The same having been dismissed, he filed a writ petition being WP(C) No.16910 of 2007 before this Court. While the matter stood thus, Abhiram Samal died. Thereafter, the present petitioner was impleaded as petitioner. The said writ petition was dismissed on 26.2.2010 with an observation that it is open to the Government to decide if pension is to be paid to both the wives of the petitioner. Thereafter, she made an application before opposite party no.1 on 7.4.2010 to grant minimum pension. Since the same was not disposed of, she again filed a writ petition being WP(C) No.379 of 2010 with a direction to the opposite parties to pay the minimum pension. The writ petition was disposed of on 25.01.2011 with a direction to the opposite party no.1 to dispose of the representation. While the matter stood thus, by order dated 24.3.2012, the representation of the petitioner was rejected relying on Rule 56 of the Orissa Civil Services (Pension) Rules 1992 (hereinafter referred to as "the OCS Pension Rules").

(3.) Heard Mr. S.K. Nath, learned counsel for the petitioner and learned Addl. Government Advocate for the opposite parties.