2 13.01.2021 This Matter Is Taken ... vs Satpathy
2021 Latest Caselaw 480 Ori

                       W.P.(         C.M.P.
                                         W.P.(C)
                                            No.1360
                                                 No.1133
                                                    of 2015
                                                          of 2021




      2   13.01.2021                This matter is taken up through Video conferencing.
                                   Heard learned counsel for the parties.
                                     Heard Mr. S.K.Mishra, learned counsel for the petitioner and Mr. B.
                               Satpathy, learned Standing Counsel for School & 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 23.03.2001 to 31.03.2008 as qualifying service keeping
                               in view the judgment of the apex Court in Secretary State of Karnataka
                               and Others v. Umadevi (3) and Others (2006) 4 SCC 1, and to bring the
                               petitioner under old pension scheme as per Finance Department
                               notification    No.Pen-23/2001-    45865/F     dated    01.09.2001     and
                               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 under Annexures-5
                               series and 7.
                                    In course of hearing, learned counsel appearing for the petitioner
                               states that highlighting the grievance the petitioner has made
                               representation to opposite party no.1 vide Annexure-8 and direction be
                               given to consider the same within a stipulated time. In view of the
                               aforesaid limited grievance of the petitioner, this Court, without
                               expressing any opinion on the merits of the case, disposes of the writ
                               petition directing opposite party no.1 to take a decision on the
                               representation filed by the petitioner under Annexure-8 and pass
                               appropriate order in accordance with law within a period of three months
                               from the date of production of certified/authenticated copy of this order.
                                  As restrictions are continuing for Covid-19, 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
                               Notification No.4587 dated 25.3.2020.

                                                                        ..............................

Biswanath Rath,J

sks