Nilima Dalai vs State Of Orissa & Others
2023 Latest Caselaw 10537 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                     WPC(OA) N0.1921 of 2014

        Nilima Dalai                           ....      Petitioner
                                                       Mr. G. Panda, Adv.

                                           -versus-

        State of Orissa & Others               ....       Opposite Parties
                                                       State Counsel

                           CORAM:
              JUSTICE BIRAJA PRASANNA SATAPATHY

                                      ORDER

31.08.2023 Order No

3. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. The Petitioner has filed the present Writ Petition with the following prayer:-

<The applicants pray for the following reliefs:

(i) Admit and allow the Original Application:

(ii) To declare the action of the Respondents in bringing the applicant to the fold of new pension scheme of 2005 instead of keeping her under the OCS (Pension) Rules, 1992 by treating the applicant to be a fresh entrant under the Govt. establishment after 01.01.2005 as illegal, arbitrary and unconstitutional and to further direct the Respondents to treat the applicant under the fold of OCS (Pension) Rules 1992 by recognizing her contractual service which she had performed since 24.02.2004 till her regularization of her service continuously and without any break.

(iii) As a consequential relief to the aforesaid prayer the Respondents may also be directed to allot the GPF A/c No. in favour of the applicant by closing the PRAN No. which has been allotted to the applicant and is continuing till date.

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(iv) That, applicant also seeks the intervention of this Hon'ble Tribunal for issuance of such other appropriate direction as may be necessary in the facts and circumstances of the case.=

4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a fresh representation before Opp. Party No.5 by enclosing all the relevant documents and citations in support of her claim, if any, within a period of three (3) weeks hence.

5. It is observed that the O.P. No. 5 while taking a decision shall take into consideration the ratio decided in the case of Anand Dash v. State of Odisha.

6. It is further observed that if such a representation is filed within the aforesaid period, Opp. Party No.5 shall do well to take a lawful decision on the same within a period of three months from the date of receipt of such representation. The order so passed by the Opp. Party No.5 be communicated to the petitioner. The Petitioner is also is directed to produce a copy of the order and the Judgment passed in the case of Anand Dash v. State of Odisha along with his representation.

7. With the aforesaid observation and direction, the Writ Petition is disposed of.

(Biraja Prasanna Satapathy) Judge

sangita

Signature Not Verified Digitally Signed Signed by: SANGITA PATRA Reason: authentication of order Location: High Court of orissa, cuttack Date: 01-Sep-2023 15:29:36