Unknown vs For The Nature Of Relief Sought For ...
2021 Latest Caselaw 59 Ori

                        W.P.(C) No.37779 of 2020




02.   04.01.2021                This matter is taken up through Video
                   Conferencing.
                                Heard Mr.K.K. Swain, 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 application be allowed;
                                                   And
                             a) a writ of mandamus or an appropriate writ may
                                be issued commanding the opposite parties 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
                                09.03.2005, as per the ratio decided in the case
                                of Union of India and others. Vrs. N.R.
                                Parmar and Ors, reported in 2012 (13) SCC
                                340 and Harbans Lal V. the State of Punjab and
                                Ors., (CWP No.2371 of 2010, decided on
                                31.08.2010) by the High Court of Punjab and
                                Haryana, which has been upheld by the Hon'ble
                                Supreme Court of India in SLP(C) NO.23578 of
                                2012 [SLP(C) No.18901 of 2011, disposed of on
                                30.07.2012 (State of Punjab and Ors. Vrs.
                                Harbans Lal) and also taking into account in
                                the case of Jeewan Lata Vs. State of Punjab
                                and Ors. (CWP No.10238 of 2017 (O&M),
                                decided      on     10.05.2019),      with     all
                                consequential benefits.
                                And
                           b) Any other order/orders or direction/directions be
                               issued so as to give complete relief to the
                               petitioner;
                                      And for this act of kindness, the petitioner
                        shall as in duty bound ever pray."
                        2




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