2 7.1.2021 This Matter Is Taken Up ... vs Unknown
2021 Latest Caselaw 281 Ori

                       W.P.(C) NO.38581 OF 2020




2   7.1.2021                This   matter    is   taken     up     through        Video
               Conferencing.
                            Heard learned counsel for the petitioner and
               learned Standing Counsel for School and Mass Education
               Department.
                            The petitioner has filed this writ petition seeking
               direction to the opposite parties to regularize the past
               services rendered by the petitioner from 22.3.2001 to
               31.03.2008 as qualifying service keeping in view the
               judgments of the apex Court in Secretary State of Karnataka
               and Others v. Umadevi (3) and Others, (2006) 4 SCC 1, as
               well as Harbans Lal v. The State of Punjab and Ors., (CWP
               No. 2371 of 2010 decided on 31.08.2010) and also in the
               case of Jeewan Lata v. State of Punjab and others (CWP No.
               10238 of 2017 (O&M) decided on 10.05.2019) and to bring
               the petitioner under old pension scheme as per Finance
               Department notifications No.Pen-23/2001- 45865/F dated
               01.09.2001, No.44451/F dated 17.09.2005 and circular no.
               17114(255)/F PEN-7/07 dated 04.04.2007, as well as Rule-
               18 Sub-Rule-(6) of the Orissa Civil Service (Pension) Rules,
               1992.
                            In course of hearing, learned counsel for the
               petitioner   highlighting    the   grievance   of    the   petitioner
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               submits that petitioner has made a representation to the
               opposite party no.1 vide Annexure-6, but no decision has yet
               been taken.
                            Considering     the   limited     grievance      of     the
               petitioner, this Court, without expressing any opinion on the
               merits of the case, disposes of the writ petition directing the
               opposite party no.1 to take a decision on the representation
                       2




filed by the petitioner vide Annexure-6 and pass appropriate
order in accordance with law within a period of three months
from the date of communication of copy of this order by the
petitioner.
              The petitioner may utilise the soft copy of this
order available in the High Court's website or print out
thereof at par with certified copy in the manner prescribed,
vide Court's Notification No.4587 dated 25.3.2020.



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