2011 vs For The Nature Of Relief Sought For ...
2021 Latest Caselaw 80 Ori

                        W.P.(C) No.38448 of 2020




02.   05.01.2021           This matter is taken up through Video Conferencing
                   mode.
                           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 O.Ps. to
                           allow the petitioners to avail the benefit of
                           G.P.F. 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 30.03.2005 and
                           24.08.2005 respectively, 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 Vrs. 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©
                           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 may be issued so as to give
                           complete relief to the petitioners;
uks                            And for this act of kindness, the
                        petitioners 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.
                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.