RENUKA DHAL Vs. STATE OF ODISHA AND ORS.

JUDGEMENT

(1.) Heard Mr. B.K. Routray, learned Counsel for the petitioner and Mr. A.K. Pandey, learned Standing Counsel for School and Mass Education Department. The petitioner files this application seeking for a direction to opposite parties to sanction and grant family pension and T.I. to her with immediate effect and all her arrear dues may be calculated and be paid to her within a stipulated time.

(2.) Mr. B.K. Routray, learned Counsel for the petitioner submits that the husband of the petitioner, who was working as Primary School Teacher died on 06.05.1984 leaving behind the petitioner. After the death of husband of the petitioner, the petitioner has not been granted the family pension and T.I. which is admissible to her because of the reason that the benefit was conferred upon the legal heirs of the deceased Primary School Teacher w.e.f. 01.09.1988. Since death of the deceased has been occurred prior to the cutoff date, the same has not been extended to her. He further submits that the claim of the petitioner is covered by the judgment of this Court in Subarna Dibya and others v. State of Orissa and others, 2005 1 OrissaLR 168.

(3.) Mr. A.K. Pandey, learned Standing Counsel for School and Mass Education Department submits that the judgment of this Court in Subarna Dibya has been challenged before the apex Court in SLP (C) No. 14265-14326/2005 and the same is pending for adjudication and the claim of the petitioner can only be adjusted after disposal of the said SLP.