(State Of Punjab And Ors. Vrs. ... vs State Of Punjab And Ors
2021 Latest Caselaw 14 Ori

                        W.P.(C) No.38049 of 2020




02.   04.01.2021                This matter is taken up through Video
                   Conferencing.
                                Heard Mr.J.R. Khuntia, learned counsel for
                   the petitioner and learned Standing Counsel for School
                   and Mass Education Department.
                                This writ petition involves the following
                   prayer:
                                   "Under the above circumstances, it is
                        humbly prayed that the writ application be allowed;
                                                   And
                             a) a writ of mandamus or an appropriate writ may
                                be issued commanding the opposite parties to
                                allow the petitioner to avail the benefit of GPF
                                and pension under the Odisha Civil Services
                                (Pension) Rules, 1992; and further a declaration
                                may be made making him covered under the
                                said Pension Rules of 1992 prior to its
                                amendment in the year 2005 and to treat the
                                petitioner as Sikshya Sahayak by taking into
                                account the date of advertisement instead of
                                09.03.2005, as per the ratio decided in the case
                                of Union of India and Ors. Vrs. N.R. Parmar
                                and Ors, 2012 (13) SCC 340 and Harbans
                                Lal V. the State of Punjab and Ors., (CWP
                                No.2371 of 2010, decided on 31.08.2010) by the
                                High Court of Punjab and Haryana, which has
                                been upheld by the Hon'ble Supreme Court of
                                India in SLP (C) NO.23578 of 2012 [SLP(C)
                                No.18901 of 2011, disposed of on 30.07.2012
                                (State of Punjab and Ors. Vrs. Harbans Lal)
                                and also taking into account in the case of
                                Jeewan Lata Vs. State of Punjab and Ors.
                                (CWP No.10238 of 2017 (O&M), decided on
                                10.05.2019), with all consequential benefits.
                                And
                           b) Any other order/orders or direction/directions be
                               issued so as to give complete relief to the
                               petitioner;
                                      And for this act of kindness, the petitioner
                        shall as in duty bound ever pray."
                       2




              For the nature of relief sought for and for
pendency of the representation at the instance of the
petitioner, vide Annexure-3 on the selfsame grounds,
this writ petition is not entertainable at this stage and
the same stands disposed of directing opposite party
no.1 to look into the request of the petitioner, vide
Annexure-3 and take a lawful decision thereon and also
the applicability of the judgment cited hereinabove, as
expeditiously as possible preferably within a period of
one and half months from the date of communication of
this order so also copy of the writ petition by the
petitioner.
              Petitioner may utilize the soft copy of this
order available in the High Court's website or print out
thereof at par with certified copies in the manner
prescribed,    vide       Court's   Notice   No.4587,   dated
25.03.2020.


                                    .....................................
                                     Biswanath Rath, J.