Manasi Dash vs State Of Odisha & Ors
2022 Latest Caselaw 2938 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                         WPC(OAC) NO.2517 OF 2014

        Manasi Dash                            ....               Petitioner
                                                    Mr.P.Mohapatra, Adv.
                                    -versus-
        State of Odisha & ors.                 ....        Opposite Party(s)
                                                     Mr.U.K.Sahoo, ASC
                CORAM:
                JUSTICE BISWANATH RATH
                               ORDER

Order                         30.6.2022
No.
  2.    1.      Heard learned counsel for the Parties.

2. The Writ Petition involves the following prayer :-

"It is, therefore, most humbly prayed that this Hon'ble Tribunal be graciously pleased to admit this Original Application, issue notices to the Respondents to show cause, and upon insufficient/no cause shown be further pleased to quash the letter dated 29.11.2013 (Annexure-3) and the letter dated 13.2.2014 (Annexure-4) and further direct the Respondents to enroll the Applicant as GPF Account holder and extend all pensionary benefits under OCS Pension Rules, 1992 and GPF(Orissa), Rules, 1938..."

3. There is no dispute at Bar that considering similar nature of

case, there has been disposal of number of Original Applications

being transferred to this Court registered as Writ Petitions, vide

WPC (OA) Nos.901/2017 and 335/2015. It appears, the matter even

at some level visited the Hon'ble Supreme Court and there has been

dismissal of the State's plea involving SLP(C) No.23578/2012 in

confirmation of the order of the Tribunal involved. Reading through

// 2 //

series of judgments/orders produced herein, this Court finds, the

question involves herein has long been settled thereby declaring to

maintain the position of the Petitioner like that of the present

Petitioner, so far it relates to continuance in the GPF Scheme from

the date of her regularisation.

4. Considering the rival contentions of the Parties, this Court

ultimately finds, there is no dispute with regard to settled position of

law on the question involved herein. In the process, allowing the

Writ Petition, this Court sets aside the orders at Annexure-3 & 4 and

directs treatment of the Petitioner in the GPF Scheme from the date

of her regularisation. Direction of this Court be worked out within a

period of eight weeks of service of copy of this order.

5. Writ Petition succeeds.

(Biswanath Rath) Judge M.K.Rout