Orissa High Court
Sri Rankamani Sa vs State Of Orissa And Others on 9 February, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) (OAC) No.3685 of 2014
Sri Rankamani Sa .... Petitioner
Mr. Subhransu Bhusan Mohanty, Advocate
-versus-
State of Orissa and others .... Opposite Parties
Mr. Biswajit Mohanty, S.C., S. & M.E.
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
09.02.2022
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical Mode).
2. Heard learned counsel for both the parties.
3. This application has been filed by the Petitioner seeing for a
direction to the Opposite Parties to record the non-formal service
(Past-Services) in his Service Book as qualifying service for the
purpose of pensionary benefits. He further seeks for a direction to
consider and take into account the earlier services render under Non-
Formal Education by the Petitioner from the year 1986-1996 under
the Government Controlled Scheme which was owned by the
Education Department, as qualifying service for the purpose of
service benefits, pension and gratuity in view of rule 10, 11 and 13
of O.C.S. Pension Rule, 1992.
4. Learned counsel for the Petitioner relies upon the judgment
in the case of Chander Mohan Negi & Ors. vs. State of Himachal
// 2 //
Pradesh & Ors., reported in 2020 (I)OLR (SC) - 865. He also
brought to the notice of this Court that past service rendered as a
non-formal teachers guide under the scheme upon certain payment
of 'honorarium' shall be qualified for qualified service for
regularization of service as well as pensionary benefits.
5. Learned counsel for the School and Mass Education
Department submits that the services of the Petitioner was
regularized in the year 1996 taking into consideration the valid
period of service render by the Petitioner. Therefore, the present
claim of the Petitioner is not sustainable in the eye of law.
6. Having heard learned counsel for the parties and considering
the long pendency of the case in the Tribunal, the writ petition is
being disposed of with a direction to the Petitioner to file a fresh
representation before the Secretary, Department of School and Mass
Education Department, Opposite Party No.1 taking all the grounds
therein along with the documents/judgments in support of his case
within a period of two weeks from today along with certified copy of
this order. In the event such a representation is filed within the
aforestated time, the same shall be considered in accordance with
law and the judgment referred to herein above in Chander Mohan
Negi & Ors.(supra), also taking into account Rule-22 of Orissa
Service Code and Rule 12(a) of the OCS (Pension) Rules, 1992.
The representation shall be disposed of within a period of eight
weeks by a reasoned and speaking order. The result of which shall
be communicated to the Petitioner within a period of ten days
thereafter.
// 3 //
7. With the above direction, the writ petition stands disposed
of.
8. Issue urgent certified copy as per rules.
(A.K. Mohapatra)
Judge
U.K.Sahoo
