Orissa High Court
2005 vs For The Nature Of Relief Sought For ... on 7 January, 2021
W.P.(C) No.38461 of 2020
02. 07.01.2021 This matter is taken up through Video
Conferencing.
Heard Mr.K.Swain, 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 O.Ps. to count the
services of the petitioner with effect from
20.02.2004 and to admit her to old Pension
Scheme, i.e. Odisha Civil Services (Pension
Scheme, 1992 and also allow her to subscribe
for GPF benefit as per the ratio decided in the
case of Harbans Lal Vrs. The State of Punjab
and Ors., (CWP No.2371 of 2010, decided
on 31.8.2010), which has been upheld by the
Hon'ble Apex Court in SLP(C) No.23578 of 2012
(SLP(C)....CC No.17901 of 2011) disposed of on
30.07.2012 (State of Punjab and Ors. Vrs.
Harbans Lal) and also in the case of Jeewan
Lata Vrs. State of Punjab and others, (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
petitioners;
And for this act of kindness, the petitioner
shall as in duty bound ever pray."
For the nature of relief sought for and for
pendency of the representation at the instance of the
petitioner, vide Annexure-5 on the selfsame grounds,
uks this writ petition is not entertainable at this stage and
the same stands disposed of directing opposite party
2
no.1 to look into the request of the petitioner, vide
Annexure-5 within a period of two months from the date
of communication of this order so also copy of the writ
petition by the petitioner.
It is further directed that after consideration
of the representation in terms of the above order if it is
found petitioner is entitled to get the benefit, the arrear
as well as the current dues shall be calculated and
released in favour of the petitioner within a period of
fifteen days thereafter. It is further made clear that in
the event payment involving petitioner is not released
within the time stipulated hereinabove, it shall carry
interest @7% per annum all through and the interest
component shall be recovered from the authority
responsible for such delay.
As restrictions are continuing for COVID-19,
learned counsel 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.
c)
d) and pension under the Odisha Civil Services
(Pension) Rules, 1992; and further a declaration
may be made making them covered under the
said Pension Rules of 1992 prior to its
amendment in the year 2005 and to treat the
petitioners as Sikshya Sahayak by taking into
account the date of advertisement instead of
1.1.2005, as per the ratio decided in the case of
Union of India and others. Vrs. N.R. Parmar
and Ors, reported in 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© 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
e) 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."
For the nature of relief sought for and for
pendency of the representation at the instance of the
petitioners, 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 petitioners, 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
petitioners.
Petitioners 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.
