WP(C)/38604/2020
2021 Latest Caselaw 298 Ori

                         W.P.(C) No.38604 of 2020




02.   08.01.2021                 This    matter      is   taken     up   through         Video
                   Conferencing mode.
                                 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 22.03.2001 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 Vrs. 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)/FPEN-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 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
                   filed by the petitioner vide Annexure-6 and pass appropriate
uks
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order in accordance with law within a period of three months
from the date of communication of copy of this order by the
petitioner. One extra copy of the brief be supplied on learned
Standing Counsel for communication purpose.
            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.