Puspanjali Pradhan vs State Of Odisha And Others

Dr. S. Muralidhar, CJ

This matter is taken up by video conferencing mode, in the Vacation Court.

The Petitioner challenges an order dated 9th March, 2021 passed by the Block Education Officer (BEO), Rajgangpur.

This is a third round of litigation concerning the Petitioner’s claim to family pension arising from the death of her husband Mr. Bijay Kumar

Bhengra in 2016. It is an admitted position that the Petitioner’s husband had earlier married one Ms. Goreti Xess and out of their wed-lock one

son and one daughter were born. The Petitioner states that the above marriage was dissolved on 23rd February, 2004 in terms of an order passed by

the learned Judge, Family Court. Thereafter the Petitioner was married to Mr. Bijay Kumar Bhengra took place on 2t9h December, 2004. They have

a son aged about 12/13 years on the date of filing of the present petition.

The dispute in relation to the heirship certificate led to the filing of a suit C.S. No.13 of 2007 before the learned Civil Judge (Jr. Division), Rourkela

by the Petitioner. The suit was decreed on 24th December, 2019. However, against the said judgment and decree, an appeal being R.F.A. No.1 of

2020 has been filed before the learned District Judge, Sundargarh by Ms. Goreti Xess and is stated to be pending. It is stated that no interim order has

been passed in the appeal.

Meanwhile, when Opposite Party No.3, i.e., BEO, Rajgangpur declined to consider her case for grant of family pension the Petitioner filed W.P.(C)

No.29527 of 2020 in this Court. The said writ petition was disposed of by the learned Single Judge of this Court on 10th November, 2020 with a

direction to the BEO to treat the writ petition as a representation and pass an appropriate order thereon.

Consequent thereto the BEO passed an order on 29th December, 2020 the operative portion of which reads as under:

“That, after hearing the both parties going through records produced by both parties and going through Writ petition bearing No.29527 of 2020 with all annexures

as well as the Hon’ble High Court order dated 10.11.2020 it is decided/order as follows:

i. The legal heir certificate issued in favourof Puspanjali Pradhan W/O. Late (Deceased) Bijay Kumar Bhengra (2nd wife) D/o. Nityananda Pradhan Village jamujori,

P.S. Naktideul, Dist-Sambalpur is genuine so long as there is no interim order/stay order is passed in RFA No.01 of 2020 and original suit No.11 of 2020.

ii. That, Puspanjali Pradhan and including all the legal heirs are entitled to get the service benefits such as Pensionary benefits that Rehabilitation and the same will be

subject to RFA No.01 of 2020 and original suit No.11 of 2020 are pending before the learned District Judge, Sundargarh.â€​

When the BEO did not disburse the family pension, the Petitioner filed another W.P.(C) No.5809 of 2021, which was disposed of by this Court on

18th February, 2021 with a direction to the BEO to pass an appropriate order.

It is stated that thereafter on 9th March, 2021, the BEO passed the impugned order rejecting the Petitioner’s claim. The BEO took note of the

fact that Ms. Goreti Xess had filed a separate civil suit No.11 of 2020 before the District Judge, Sundargarh to declare the marriage certificate issued

by the Marriage Officer, Panposh bearing Certificate No.187 of 2004 declaring the marriage in between the present Petitioner and late Mr. Bijay

Kumar Bhengra as null and void.

In view of the pendency of the appeal as well as the suit, the BEO held that he could not pass any order for payment of family pension to the

Petitioner.

Contending that the above order amounts to a review by the BEO of the earlier order dated 29th December 2020, the Petitioner has filed the

present petition.

Having heard the submissions of learned counsel for the parties, the Court is of the view that the impugned order does not suffer from any legal

infirmity. Indeed what the BEO has sought to acknowledge is the pendency of the dispute between the parties in the Court. Indeed there are rival

claimants to the family pension arising from the death of late Mr. Bhengra. If the order dated 29th December, 2020 of the BEO were to be

implemented, it would create unnecessary complications and considering the present status of the parties, it would be difficult to restitute the benefits

granted if one or the other party is to ultimately succeed in the pending proceedings.

In that view of the matter, the impugned order cannot be said to be arbitrary or unreasonable.

It will be open to the Petitioner notwithstanding the present order, request for expeditious disposal of both the RFA No.1 of 2020 as well as the

pending Suit No.11 of 2020 in the respective courts where they may be pending in accordance with law. It is clarified that no observation in the

present order will influence of the outcome of both the aforementioned pending cases.

The writ petition is dismissed with the above observations.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th April, 2021.