TRANSGENDER HAS EVERY RIGHT TO CHOOSE THEIR GENDER : ODISHA HIGH COURT.
The Odisha High Court passed a judgement on 20.05.2022. In the case of Case Kantaro Kondagari @ Kajol v. State of Odisha & Ors ( 4779 of 2022 ). The Orissa High Court has recently ordered grant of family pension to a transwoman, who was allegedly discriminated on the basis of her gender while allowing pensionary benefits after the death of her parents. By a Single Bench of Justice Aditya Kumar Mohapatra.
FACTS OF THE CASE
The father of the late petitioner, Barado Condagari, was a government server who worked in the rural development department as part of the RW executive engineer category in Rayagada. After his death, his wife was SMT. Binjama Kondagari approved and supported his family pension. 11.07.2020, SMT. Binjama Kondagari died due to old health problems. Later, the trinomial petitioner called for his advantageous family pension sanctions under the rules 56 (pension) of Odisha’s rules 56 (pension) (pension) in 1992, in 1992. I asked the executive department of the engineer RW. She and her sister are declared under “single girls, widows, or divorced girls”, so they are qualified to get family pensions. Furthermore, in accordance with the Rules 56 (5) (D), the 1992 retirement rules have established a family pension for a single girl even after reaching the age of 25. The condition that they are blamed for the state. Girls monthly admissions are qualified to receive family pensions for the 4,440 rupees / -the government, semi -government, legal organizations, companies, private sector, and unique work. This letter also revealed that the family pension would be paid to the applicant due to the effect of 12,07,2020, and will be subject to the rules 56 (5) of the 1992 Odisha rules (pension) 56 (5). I revealed it. It was also stipulated whether the applicant would acquire family pensions for marriage or death. Authorities have also found that authorities have fully known that the applicant is a transgender (girl). Meanwhile, the state lawyer said that the problem had not been dealt with and that he was waiting for Odisha in Bhubaneshwar, a general accountant (A&E). Furthermore, if the court has ordered and ruled family pensions within the period stipulated to the authorities as a competent authorities, that is to say that the engineer and the RW section have already recommended the applicants. I confirmed. The same is considered by the party which opposes the light of the law established by the Supreme Court.
JUDGEMENT
After having analysed the laws established by the Supreme Court and taking into account the presentations carried out by each party, the Court considers that the applicant has all the rights as a transgender and, consequently, submitted the request. I thought it was. In 1992, a family retirement subsidy based on article 56 (1) of civil servants civil servants (pension) rules. In addition, the court recognized that the Decision of the ATX Court had been approved and legalized in the case of the NALSA. (Above) Thus, the laws established by the Supreme Court will hold them all. Thus, he argued that the writing request, presented by the applicant, was worth authorized. Consequently, the main general accountants (A&E), Odisha and Bhubaneshwar (opposite part n ° 5) were ordered to treat the applicant as largely as possible six weeks after the certified copy date. Certified copy of the order certification copy. He also worked on the calculation, the sanctions and was drawn immediately, as the applicant the applicant during the period of time above.
JUDGEMENT REVIEWED BY KUNMUN DAS.