Dhruman Chandra Nayak And vs State Of Odisha And Ors
2022 Latest Caselaw 1380 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                        W.P.(C) No.1073 of 2022
            Dhruman Chandra Nayak and               ....            Petitioners
            Ors.
                                             Mr. Kunal Kumar Swain, Adv.
                                        -versus-
            State of Odisha and Ors.              ....     Opposite Parties
                                                 Mr. Biswajit Mohanty, SC
                                                         (for SME Deptt.)
                        CORAM:
                        MR. JUSTICE S.K. PANIGRAHI
                                    ORDER

Order No. 16.02.2022

01. 1. This matter is taken up through hybrid arrangement.

2. Heard.

3. The present petitioners (5 in numbers), who were initially engaged as Non-Formal Education Facilitators/ Non-Formal Education Instructors and thereafter, as Education Volunteers and Gana Sikhyaks and subsequently, as regular Primary School Teachers in the district of Mayurbhanj, have filed the instant writ petition, seeking direction to the opposite parties to count their initial services rendered as Non-Formal Education Facilitators/ Non-Formal Education Instructors and Education Volunteers for the purpose of bringing them under the Orissa Civil Services (Pension) Rules, 1992 and under the General Provident Fund (Orissa) Rules, 1938. Though the date of their engagement was prior to cutoff date i.e. 01.01.2005, but their services were regularized after 01.01.2005. Learned counsel for the petitioners relies upon some judgments of the Hon'ble Supreme Court, namely, Parmeswar Nanda and others -vrs.- State of Jharkhand and others (Civil Appeal Nos.505-531 of 2020

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arising out of S.L.P. (Civil) Nos.27922-27948 of 2017, dismissed on 07.02.2020) and State of Himachal Pradesh -vrs.- Joga Singh (S.L.P.(C) No.183 of 2016, dismissed of on 04.01.2016) and subsequent Review Petition No.274 of 2017, dismissed on 02.03.2017. He further contends that the authorities are counting the service period of the petitioners after regularization of their services as Primary School Teachers i.e. post 1st January, 2005, though they are governed under the Orissa Civil Services (Pension) Rules, 1992 and the General Provident Fund (Orissa) Rules, 1938. Hence, the petitioners are constrained to approach this Court for redressal of their grievances.

4. In such view of the matter, notice needs to be issued to the opposite parties.

5. Hence, issue notice.

6. Mr. Biswajit Mohanty, learned Standing Counsel for the Department of School and Mass Education waives of notice on behalf of the opposite parties. Required number of copies of the writ petition be served on him within three working days hence, who shall obtain instructions in the matter.

7. List this matter on 9th of March, 2022.

( S.K. Panigrahi) Judge BJ