LAXMIPRIYA MISHRA Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) LATE husband of the Petitioner, Bhikari Charan Mishra, retired as a Headmaster from R.D. High School, Kishoreganj in the district of Dhenkanal on 31.1.1986 on attaining the age of superannuation. The Petitioner has alleged that after retirement of her husband, he was not paid dearness pay as well as interim relief as provided under Retirement Benefit (Amendment) Rules, 1996 for the period for which he is entitled to. It appears that due to such non -payment, the deceased husband of the Petitioner approached this Court in OJC No. 8551 of 1999. A counter affidavit was filed by the opp. parties 1 to 3 in the said writ application indicating therein that the grievance of the Petitioner (deceased husband of the present Petitioner) may not be mitigated by the Inspector of Schools as the same can only be decided by the Controller of Accounts. Taking into consideration the said assertions made in the counter affidavit, the writ application was disposed of by this Court by order dated 7.11.2003 with a direction to the Inspector of Schools as well as to the Controller of Accounts to take a decision on the claim of the Petitioner within a period of four months from the date of receipt of the said order. In pursuance to the said order passed by this Court, the Controller of Accounts, Orissa, Bhubaneswar by his order dated 2.1.2003 under Annexure -1 to the writ petition rejected the case of the deceased husband of the Petitioner. The said order under Annexure -1 is quoted herein below.

(2.) 1.03

(3.) IN essence, therefore, the Petitioner has alleged that her deceased husband is entitled to dearness pay and interim relief for the period from the date of his retirement i.e. 31.1.1986 till his death on 5.4.2004. Being aggrieved by the order of rejection dated 2.1.2003 passed by the Controller of Accounts -opp. party No. 4, the Petitioner has preferred this writ petition seeking appropriate remedy.