Board Of Secondary Education vs State Of Orissa And Others
2023 Latest Caselaw 5044 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                     W.A. No. 1413 of 2022

            Board of Secondary Education, Orissa            ....         Appellant
                                                           Mr. S.S. Rao, Advocate
                                          -versus-
            State of Orissa and others                ....      Respondents
                         Mr. A.P. Das, Additional Standing Counsel for State

                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE G. SATAPATHY

                                         ORDER

Order No. 03.05.2023 I.A. No.2284 of 2023 & W.A. No.1413 of 2022

02. 1. Mr. S.S. Rao, learned counsel appearing for the Appellant states that he has already filed an application for condonation of delay on 1st May, 2023. Office to place it on record.

2. Mr. Rao, learned counsel for the Appellant contends that the observation in the impugned judgment of the learned Single Judge that other similarly placed persons were also granted the option of getting pension under the Old Pension Scheme was incorrect. In one such case, it was done as a one-time measure without creating a precedent. In the present case, according to the Appellant, Respondent No.3 did not exercise an option and, therefore, there was no obligation on the Appellant-Board to count his past service in the Government for the purposes of pension.

3. Issue notice. Mr. A.P. Das, learned Additional Standing Counsel accepts notice on behalf of Respondent Nos.1 & 2. Since he accepts

notice, let required number of copies of the writ appeal be served on him within three working days.

4. Issue notice to Respondent No.3 through Registered/Speed Post with A.D., making it returnable before the next date. Requisites for which shall be filed within three working days. The tracking report be placed on record before the next date.

5. List on 2nd August, 2023.

I.A. No.3395 of 2022

6. Notice as above.

(Dr. S. Muralidhar) Chief Justice

(G. Satapathy) Judge S. Behera

SUMANTA Digitally signed by SUMANTA BEHERA

BEHERA Date: 2023.05.04 11:20:01 +05'30'