Unknown vs Harbans Lal) And Also In The Case Of ...
2021 Latest Caselaw 426 Ori

                       W.P.(C) No.35653 of 2020




02.   12.1.2021                This matter is taken up through Video
                  Conferencing.
                               Heard learned counsel for the petitioners
                  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 petition may be allowed;
                                                  And
                            a) a writ of mandamus or an appropriate writ may
                               be issued commanding the O.Ps. to allow the
                               petitioners to avail the benefit of GPF 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
                               15.7.2003 to 15.9.2009 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
                               31.8.2010), by the High Court of Punjab and
                               Haryana, which has been upheld by the Hon'ble
                               Supreme Court in SLP(C) No.23578 of 2012
                               [SLP(C) CC No.18901 of 2011] disposed of on
                               30.07.2012 (State of Punjab and Ors. Vs.
                               Harbans Lal) 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) with all consequential benefits;
                                                  And
                            b) other order/orders or direction/directions be
                               issued so also to give complete relief to the
                               petitioners."

m                              For the nature of relief sought for and for
                  pendency of the representation at the instance of the
                        2




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.
               The 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.