Niranjan Kumar Naik vs State Of Odisha
2022 Latest Caselaw 283 Ori

                                        1




            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          W.P.(C) No.646 OF 2022

Niranjan Kumar Naik                            .....                    Petitioner

                                                         Mr. K.Swain, Advocate
                                       Vs.
State of Odisha                                .....              Opposite parties

                                                                   State Counsel


             CORAM:
                 DR. JUSTICE B.R. SARANGI

                                             ORDER

11.01.2022

Order No. This matter is taken up by video conferencing mode.

2. Heard.

3. The petitioner has filed this writ petition seeking direction to the opposite parties to bring the petitioner under the coverage of Odisha Civil Service (Pension) Rules, 1992 prior to its amendment, being appointed between the period 01.01.2005 to 17.09.2005, and may also be allowed to subscribe for GPF under the G.P.F. (O) Rules, 1938 prior to its amendment as per the ratio decided in the case of Anand Dash v. State of Odisha, 2014 ILR- CUT-459 which has been upheld by the apex Court in SLP Nos. 35462-35464 of 2014 decided on 09.03.2018 and also keeping in view the order passed by the Odisha Administrative Tribunal in the case of Sabita Mohapatra (O.A. No. 2501 of 2013 disposed of on 29.09.2014) with all consequential benefits within a time to be stipulated by this Court.

4. In course of hearing, learned counsel for the petitioner states that the petitioner may be permitted to file a fresh representation before the opposite party no.1, which may be considered within a stipulated time.

5. In view of the aforesaid limited grievance of the petitioner, this Court disposes of the writ petition granting liberty to the petitioner to file a fresh representation before opposite party no.1 ventilating his grievance within a period of two weeks. If such representation is filed within the time stipulated, the same shall be considered and disposed of by the opposite party no.1 in accordance with law within a period of three months thereafter keeping in view the judgments in Anand Dash (Supra) and Sabita Mohapatra (supra).

6. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court's Notice No.4587 dated 25th March, 2020, as modified by Court's Notice No. 4798 dated 15th April, 2021 and Court's Office Order circulated vide Memo Nos. 514 and 515 dated 7th January, 2022.

Arun                                      (DR. B.R. SARANGI)
                                                JUDGE