K. Damayanti Patro vs State Of Odisha & Others
2023 Latest Caselaw 14054 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No.15511 of 2015

        K. Damayanti Patro
                                            ....                   Petitioner
                                                   Mr. S. Senapati, Advocate

                               -versus-
        State of Odisha & Others
                                  ....                       Opposite Parties
                                                    Mr. A. Mishra, Advoccate




                              CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                        ORDER

Order No.                             09.11.2023
      03. 1.     This   matter      is taken up           through      Hybrid

Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel appearing for the Parties.

3. The Petitioner has filed the present writ petition inter alia with the following prayer:-

"It is, therefore, humbly prayed that this Hon'ble Court may graciously be pleased to issue Rule Nisi calling upon the Opp. Parties to show cause as to why appropriate writ/writs shall not be issued directing them to allow the petitioner to change her option to Pension Scheme in view of the Statute-289 and the Syndicate decision dtd.30.08.1997 and The Odisha Universities Employees' Pension Fund (Administration) Rules, 2012 within a stipulated time before her retirement and on perusal of causes shown if any or upon insufficient causes shown, make the said rule absolute and may pass any appropriate order as deemed just and proper".

4. It is contended that the issue involved in the present case is covered by a decision of this Court so passed on 03.08.2023 in the case of Simanchal Rath vs. State of Odisha & Ors. (W.P.(C) No.14751 of 2015).

// 2 //

5. Learned counsel appearing for the University-Opp. Party No.3 & 4 on the other hand contended that the facts of the present case is different from the issue decided by this Court on 03.08.2023 in W.P.(C) No.14751 of 2015 and the Petitioners' claim is not covered by the Judgment dtd.03.08.2023.

6. Having heard learned counsel appearing for the Parties and after going through the materials available on record, this Court finds that the issue involved in the present case is completely covered by the Judgment dtd.03.08.2023 so passed by this Court in W.P.(C) No.14751 of 2015.

7. In view of the same, the Writ Petition is disposed of in the light of the order passed on 03.08.2023 in the case of the Simanchal Rath as cited (supra).

(Biraja Prasanna Satapathy) Judge

Subrat

Signature Not Verified Digitally Signed Signed by: SUBRAT KUMAR BARIK Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 11-Nov-2023 11:39:39