WP(C)/36542/2020
2021 Latest Caselaw 6 Ori

                          W.P.(C) No.36542 of 2020




02.   04.01.2021                 This     matter    is    taken    up   through     Video
                   Conferencing.
                                 Heard Mr.S.K. Sahu, learned counsel for the
                   petitioner and learned Standing Counsel for School and Mass
                   Education Department.
                                 This writ petition involves the following prayer:
                          "Petitioner, therefore, prays that this Hon'ble Court be
                          kind and gracious enough to admit the writ petition,
                          issue notices to Opp. Parties to file show cause as to why
                          the benefit of G.P.F. and pension shall not be allowed
                          under the old pension rules, if the Opp. Parties fail to file
                          show cause or insufficient cause then this Hon'ble Court
                          after hearing the counsel of the parties be pleased to
                          direct the Opp. Parties to allow the benefit of G.P.F. and
                          pension as per the old pension rules, i.e. Orissa Civil,
                          Services (Pension) Rules, 1992 from the date of his
                          regularization of services within a stipulated time frame
                          in favour of the petitioner;
                                  Or pass any other order(s) or direction(s) as this
                          Hon'ble Court deem and proper.
                                  And for this act of kindness, the petitioner shall
                          as in duty bound ever pray."

                                 Considering       the   limited   nature    of   request
                   involved in this matter, the writ petition stands disposed of
                   with   a   direction    to   the      Commissioner-cum-Secretary,
                   Department of School and Mass Education Department,
                   Bhubaneswar, opposite party no.1 to look into the grievance
                   of the petitioner vide Annexure-3 and take a lawful decision
                   in the matter, taking into consideration the grounds raised in
                   the writ petition, the documents appended thereto as well as
                   the decisions held by the Punjab and Haryana High Court in
                   Harbans Lal v. The State of Punjab and Ors., (CWP
                   No.2371 of 2010, decided on 31.8.2010), which has been
                   upheld by the Hon'ble Apex Court in SLP(C) No.23578 of
                   2012 (SLP(C).... CC No.17901 of 2011, disposed of on
                   30.07.2012 (State of Punjab and Ors. Vs. Harbans Lal)
                   and also in the case of Jeewan Lata Vs. State of Punjab
uks
                       2




and others, (CWP No.10238 of 2017 (O&M)) decided on
10.05.2019).
              The entire exercise shall be completed giving all
consequential benefits in favour of the petitioner within a
period   of   one   and   half   months    from   the   date   of
communication of copy of this order, copy of the judgments
cited hereinabove, so also copy of the writ petition by the
petitioner.
              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.