WP(C)/38291/2020
2021 Latest Caselaw 708 Ori

                         W.P.(C) No.38291 of 2020




02.   21.01.2021                This     matter   is   taken   up   through   Video
                   Conferencing mode.
                                Heard learned counsel for the parties.
                                The writ petition involves the following prayer:
                                       "Under the above circumstance, it is
                                therefore humbly prayed that this Hon'ble
                                Court may be graciously pleased to issue a
                                writ in the nature of writ of mandamus or
                                any other appropriate writ, direction order by
                                directing the opposite parties to grant
                                pension and other retiral benefits to the
                                petitioner with effect from the date of his
                                retirement from service, i.e. 31.08.2020, as
                                per the provisions contained in Orissa Aided
                                Educational       Institutions      Employees
                                Retirement Benefit Rules, 1981, keeping in
                                view the ratio decided in the case of Sarat
                                Chandra Parida Vrs. State of Orissa and
                                others, reported in 2015(II) ILR(CUT)
                                94.
                                       And this Hon'ble Court be pleased to
                                pass any further order or orders as would be
                                deem fit and proper in the facts and
                                circumstances of the case.
                                       And for this act of kindness, as in duty
                                bound, the petitioner shall ever pray."

                                The petitioner has filed this application seeking
                   direction to the opposite parties to release the pension and
                   pensionary benefits in the light of the judgment rendered in
                   Sarat Chandra Parida v. State of Odisha, 2015 (II) ILR-
                   CUT-94.
                                Considering the submissions made and as the
                   petitioner having stood in the same footing is also entitled to
                   the benefits at par with Sarat Chandra Parida (supra), this
                   Court directs the opposite parties to extend the pensionary
                   and other retiral benefits to the petitioner within a period of
                   two months from the date of communication / production of a
                   copy of this order.
uks
                      2




             With the aforesaid observation and direction, the
Writ Petition stands disposed of.
             One extra copy of this order be supplied to the
learned Standing Counsel for School and Mass Education
Department for communication purpose.
             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.