WP(C)/7477/2021
2021 Latest Caselaw 3125 Ori

                               W.P.(C) No. 7477 of 2021




02.   03.03.2021         The matter is taken up through video conferencing.
                         Heard Mr. H.K. Rout, learned counsel for the petitioner
                   and learned Standing Counsel for School & Mass Education
                   Department.
                         The petitioner has filed this writ petition seeking
                   direction to the opposite parties to grant pension and
                   pensionary benefits under old pension scheme rules 1992
                   taking into consideration her initial date of appointment dated
                   29.01.2004 and treating his entire period of contractual
                   service along with regular service as qualifying service for
                   pensionary benefits and thereby allow the petitioner to avail
                   the benefits of GPF in the light of the judgment of the Hon'ble
                   Supreme Court in Civil Appeal No. 6798 of 2019 (Prem Singh
                   Vrs. State of U.P. ) and 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 31.08.2010),
                   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 v. State of Punjab and
                   others   (CWP    No.   10238   of   2017   (O&M)    decided   on
                   10.05.2019) with all consequential benefits.
                         In course of hearing, learned counsel for the petitioner
                   states that the petitioner may be granted liberty to file a fresh
                   representation before the authority highlighting his grievance,
                   which may be considered in accordance with law within a
        stipulated period.
               Considering the limited grievance of the petitioner,
       this Court, without expressing any opinion on the merits of
       the case, disposes of the writ petition granting liberty to the
       petitioner to file a fresh representation before the authority
       concerned highlighting his grievance within a period of two
       weeks. If such representation is filed within the time
       stipulated, the authority shall consider and same and pass
       appropriate   order   in   accordance   with   law   taking   into
       consideration the aforementioned judgments within a period
       of three months thereafter.
               Issue urgent certified copy as per rules.




Alok
                                         ....................................

(DR. B.R. SARANGI, J)