2 10.03.2021 The Matter Is Taken Up ... vs The Petitioners Have Filed This ...
2021 Latest Caselaw 3553 Ori

                                   W.P.(C) No. 9067 of 2021




02   10.03.2021            The matter is taken up through hybrid arrangement
                  (virtual/physical mode).
                           Heard learned counsel for the petitioner.
                           The petitioners have filed this writ petition seeking
                  direction to the opposite parties to bring the petitioners under old
                  Pension Scheme as per the Finance Department Notification
                  No.Pen2312001-45865/F             dated    01.10.2001        and      Notification
                  No.44451/F           dated   17.09.2005,    Circular        No.17114(255)       IF
                  PEN7/07 dated 04.04.2007 as well as Rule-18 Sub Rule-6(2) of
                  the Orissa Civil Service (Pension) Rules, 1992.
                           In course of hearing, learned counsel for the petitioner
                  states that the petitioners' case is squarely covered by the ratio
                  decided 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 disposed
                  of on 30.07.2012. Highlighting the grievances, the petitioners
                  have made representation to opposite party no.1 vide Annexure-6
                  and therefore, direction may be issued to opposite party no.1 to
                  consider and dispose of the same in the light of Harbans Lal
                  (supra) of within a stipulated time.
                           Considering the limited grievance of the petitioners and
                  without expressing any opinion on the merits of the case, this
                  Court disposes of the writ petition directing opposite party no.1 to
                  consider       the    representation   filed     by   the        petitioners   vide
                  Annexure-6 and pass appropriate order in the light of judgment
                  passed in Harbans Lal (supra) in accordance with law within a
                  period    of    three    months    from    the    date      of     production    of
                  authenticated/certified copy this order.
                           Urgent certified copy of this order be granted on proper
                  application.


                                                                   ...............................

Alok (DR. B.R. SARANGI) JUDGE