Orissa High Court
WP(C)/13894/2026 of LAXMI DEHURY Vs STATE OF ODISHA on 3 September 2026
of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 13894 of 2026 CNR No.ODHC010299882026 Laxmi Dehury ..... Petitioner Mr. S. Patra (1), Advocate -versus- State of Odisha & Ors. ..... Opposite Parties Mr. A . Tipathy, AGA CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER
Page 1 of 2.
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No. 13894 of 2026
CNR No.ODHC010299882026
Laxmi Dehury
.....
Petitioner
Mr. S. Patra (1), Advocate
-versus-
State of Odisha & Ors.
.....
Opposite Parties
Mr. A. Tipathy, AGA
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
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ORDER
03.09.2026 Order No. 01
1. This matter is taken up through hybrid mode.
2. Heard learned counsel appearing for the Parties.
3. Learned counsel for the petitioner contended that petitioner though is entitled to get the benefit of family Pension and other Pensionary benefits but the authorities are not releasing the same.
3.1. It is contended that similar claim made in W.P.(C) No.24177 of 2022 was allowed by this Court vide order dated 30.09.2022 and the same in the meantime has been upheld by the Hon’ble Apex Court in SLP(Civil) Diary No.33400 of 2023, judgment dated 24.07.2025 (State of Odisha and Others Vrs. G. Balakrishna). It is accordingly contended that petitioner is entitled to get similar benefit.
4. Learned Addl. Govt. Advocate on the other hand contended that if as contended claim of the petitioner is similar to the order passed in W.P.(C) No.24177 of 2022 and further confirmed by the Hon’ble
Page 2 of 2. Apex Court, let the petitioner move the Competent Authority for consideration of the grievance in the light of the said order.
5. Having heard learned counsel for the parties and considering the submissions made, this Court while disposing the Writ Petition, permits the petitioner to move O.P. No.1 for consideration of her claim to get the benefit of family pension and other pensionary benefits of her husband. It is observed that if any such application will be moved before O.P. No.1 within a period of 3 (three) weeks from today, O.P. No.1 shall take a lawful decision on the same within a further period of 3 (three) months from the date of receipt of such application. It is however observed that while taking such a decision, relevancy and effect of order dated 30.09.2022 so passed in W.P.(C) No.24177 of 2022 further confirmed by the Hon’ble Apex Court in SLP(Civil) Diary No.33400 of 2023 be taken into consideration. Petitioner is permitted to enclose copy of order passed in W.P.(C) No.24177 of 2022 and the order passed by the Hon’ble Apex Court passed in SLP(Civil) Diary No.33400 of 2023 along with his representation for consideration of her claim.
6. The Writ Petition stands disposed of with the aforesaid observation and direction.
(BIRAJA PRASANNA SATAPATHY)
Judge
Mili Digitally Signed Signed by: MILI MAHARANA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Sep-2026 14:28:17 Signature Not Verified