Unknown vs For The Nature Of Relief Sought For ...
2021 Latest Caselaw 462 Ori

                       W.P.(C) No.36275 of 2020




02.   13.1.2021              This matter is taken up through Video
                  Conferencing.
                             Heard learned counsel for the petitioner and
                  learned Standing Counsel for School and Mass Education
                  Department.
                             This writ petition involves the following
                  prayer:
                                     "It is, therefore, petitioner prays that your
                       lordships may graciously be pleased to consider the
                       facts stated above, admit the writ application, issue
                       Rule NISI, calling upon the opp. Parties, especially
                       Opp.Party No.1 to show cause why the writ of
                       mandamus shall not be issued against them and if they
                       fail to show cause or show insufficient cause make the
                       Rule absolute and may be pleased to pass the following
                       :-
                       A) To regularise the past services rendered by the
                           petitioner from 1.1.2005 to 2.1.2011 as qualifying
                           service, keeping in view of the Hon'ble apex Court
                           judgment in the case of Secretary, State of
                           Karnataka and Ors V/s Uma Devi as well as
                           Harbans Lal V/s State of Punjab & Ors (CWP
                           No.2371 of 2010) decided on dtd.31.8.2010 which
                           has been upheld by Hon'ble apex Court in SLP©
                           No.23578/2012 disposed of on dtd.30.7.2012.
                       B) To consider the petitioner under Old Pension Rules.
                       C) Other entitled service benefits.
                           And may pass any other writ/writs, order/orders,
                           direction/directions as your lordships deem just and
                           proper."

                             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,
                  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
m
                  Annexure-5 and take decision on the same within a
                       2




period of one and half 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 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.
              The 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.