Orissa High Court
Manoj Kumar Barik vs State Of Odisha & Ors on 5 November, 2021
1
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC (OA) No.1725 of 2017
Manoj Kumar Barik ..... Petitioner
Mr. A. K.Chhatoi,
Advocate
-Versus-
State of Odisha & Ors. ..... Opposite Parties
State Counsel
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
05.11.2021
I.A. No.647 of 2021
Order No. This matter is taken up through hybrid mode.
2. This interlocutory application has been filed by the
petitioner for correction of the order dated 30.09.2021.
3. Heard Mr. A. K. Chhatoi, learned counsel for the
petitioner.
Considering the averments made in the application itself,
the order dated 30.09.2021 is recalled and fresh order is passed
today in WPC (OA) No.1725 of 2017.
4. The interlocutory application stands disposed of.
(DR. B.R. SARANGI)
JUDGE
Cont...
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC (OA) No.1725 OF 2015
Manoj Kumar Barik ..... Petitioner
Mr. A. K.Chhatoi,
Advocate
-Versus-
State of Odisha & ..... Opposite Parties
Ors.
State Counsel
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
05.11.2021
Order No This matter is taken up through hybrid mode.
2. Heard learned counsel appearing for the parties.
3. The petitioner has filed this writ petition seeking to
declare the OCS (Pension) Rules, 1992 as amended in the
year 2005, and Odisha GPF Rules, 1938 are not
applicable to him, and further seeks to declare that he is
governed under pre-amended OCS (Pension) Rules and
Odisha GPF Rules from the date of his joining in
Government service.
4. Mr. A.K. Chhatoi, learned counsel for the petitioner
contended that the petitioner joined as Assistant Engineer
(Civil) on 07.06.2005 being duly selected and
recommended by the OPSC in pursuance of advertisement
no.11 of 2003-04 as against the vacancy notified in the
year 2003-04. Thereafter, the Finance Department
amended OCS (Pension) Rules, 1992, which came into
force with effect from 01.01.2005 vide notification dated
17.09.2005, as a result of which, the new contribution
pension scheme has been made applicable to the
petitioner though he was appointed and joined on
07.06.2005 against the vacancies occurred in the year
2003, i.e., prior to amendment of pension Rules. Thereby,
it is contended that the petitioner should be extended with
the benefits as per the pre-amended Rules.
5. Mr. N.K. Praharaj, learned Standing Counsel for the
State contended that the petitioner having joined in
service on 07.06.2005, i.e., after the amendment of the
OCS (Pension) Rules, 1992, his appointment will be
governed by the amended OCS (Pension) Rules, 2005 and
Odisha GPF Rules, 1938 are governed by the new rules,
not by the old Rules.
6. Having heard learned counsel for the parties and
after going through the records, the sole question arises
for consideration by this Court is that if the petitioner was
appointed against the vacancy occurred in the year 2003
pursuant to the advertisement issued in the year 2003-04,
even though he joined after the OCS (Pension) Rules, 2005
came into force, whether he will be governed by the old
pension rules or the amended OCS (Pension) Rules, 2005.
This question has already been considered by this Court
in the case of Anand Dash v. State of Odisha, 2014
(Supp.-I) OLR 754. In that case, this Court, held that
when recruitment process was started in the year 2004
and the petitioners joined their new assignments on
02.04.2005, by which date, the old OCS (Pension) Rules,
1992 and Odisha GPF Rules, 1938 were governing the
field and the amended OCS (Pension) Rules, 2005 came
into effect by way of notifications dated 31.08.2007 and
17.09.2005, could not have been given retrospective effect
by stating that they will come into operation from
01.01.2005. It was further held that the amendments
brought to the General Provident Fund (Orissa) Rules,
1938 and the Oirssa Civil Service (Pension) Rules, 1992
will not apply to the petitioners, who will be governed by
the said Rules as it existed on the date of their joining in
service prior to the amendments brought into those Rules.
The judgment of this Court in Anand Dash (supra), was
also challenged before the apex Court in SLP (C)
No.35462-35464 of 2014 and vide order dated
09.03.2018, the appeals preferred by the State were
dismissed. Consequentially, the benefit has been extended
to the petitioners therein.
7. Applying the above decisions to the present case, in
which the petitioner joined in service on 07.06.2005, when
old OCS (Pension) Rules, 1992 and GPF (Orissa) rules,
1938 were governing the field, the amended Pension
Rules, 2005 which came into force on being notified on
31.08.2007 and 17.09.2005, which was after his joining in
service, are not applicable to the petitioner and, as such,
he was appointed against the vacancy occurred in the year
2003. In view of such position, no other view can be taken
by this Court at this stage debarring the petitioner to get
the benefit of pre-amended rules, which are applicable to
him. Therefore, this Court directs the authority to extend
the benefits of pre-amended OCS (Pension) Rules, 1992
and Odisha GPF Rules, 1938 in favour of the petitioner
within a period of three months from the date of
communication of this order.
8. With the above observation and direction, the writ
petition stands disposed of.
Issue urgent certified copy as per rules.
(DR. B.R. SARANGI)
JUDGE
Alok
