Orissa High Court
Soumya Kishore Jaipuria vs ) State Of Odisha ..... Opposite Parties on 12 February, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.30846 of 2024
Soumya Kishore Jaipuria ..... Petitioner
Represented By Adv. -
Amiya Kumar Chhatoi
-versus-
1) State Of Odisha ..... Opposite Parties
2) Principal Secretary To Government, Represented By Adv. -
Panchayati Raj And Drinking Water Ms.M.R.Mohanty,
Dept AGA
3) Principal Secretary To Government,
Finance Department
4) Accountant General (a And E) ,
Odisha
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
12.02.2025
Order No.
01. 1. This matter is taken up through virtual mode.
2. Heard learned counsel for the petitioner and Mr.
Mohanty, learned AGA appearing for the State.
3. Instant writ petition is filed by the petitioner for a
direction to the opposite parties to extend the benefits of
pre-amended OCS (Pension) Rules, 1992 and Odisha GPF
Rules, 1938 in his favour keeping in view the judgment of
this Court in the case of Anand Dash Vrs. State of Orissa
MANU/OR/0464/2013 as at Annexure-7, so confirmed by
the Apex Court vide Annexure-8 within a stipulated period.
4. Learned counsel for the petitioner refers to
Annexure-1 which is the notification of the Government of
Odisha in Department of Water Resources as to his
appointment to the post of Assistant Engineer (Civil). It is
further submitted that the service book was opened for the
petitioner, a copy of which is at Annexure-2. As according
to learned counsel for the petitioner, the pension of the
petitioner shall have to be governed by the old pension
rules and not the new one and while claiming so, he has
referred to the decision in Anand Dash (supra) and the
order of the Apex Court under Annexure-8 besides the
order of the OAT, Bhubaneswar vide Annexure-9 to
contend that for the purpose of grant of pension, as the
petitioner has joined his service in the month of June,
2005, it is to be extended under the pre-amended OCS
(Pension) Rules, 1992 and Odisha GPF Rules, 1938.
5. Ms.Mohanty, learned AGA for the State submits that
if the case of the petitioner is covered by the decision in
Anand Dash (supra) and if the Court is so inclined, the
same may be directed to be examined by the Authority
concerned for a decision according to law.
6. The petitioner has been given promotion vide
Annexures- 4 & 5 to the posts of Deputy Executive Engineer
and Executive Engineer respectively. As per the order of
appointment, the petitioner, as made to reveal from
Annexure-1, joined on 10th June, 2005, which is admittedly
prior to the commencement of the new pension rules w.e.f.
17th September, 2005. The contention is that the
retrospective effect of the new pension Rules and decision
in that regard, was quashed by this Court in Anand Dash
case confirmed by the Apex Court vide Annexure-8. The
further contention is that in a similarly situated case, in
respect of one Mr. Sujit Kumar Tahal, learned OAT has
extended the benefit of pension as per the old rules.
7. Perused the Court's order dated 24th April, 2013 in
Anand Dash case, wherein, it has been held that the new
amended rules could not have been given effect to from 1st
January, 2005. In other words, the retrospective effect of
the amended pension rules was not allowed in Anand Dash
(supra). It is also made to understand that the said order of
this Court under Anneuxre-6 was confirmed as the Apex
Court dismissed the SLP as at Annexure-8. The Court also
finds another employee to have received the same relief by
the orders of the coordinate Bench vide Annexure-9. Under
such circumstances, in absence of any dispute with regard
to date of joining of the petitioner i.e. on and from 10th
June, 2005 and in view of the decision of the Anand Dash
(supra) to the effect that the rules cannot have any
retrospective application of the amended rules on and from
1st January, 2005 and the same stands confirmed in SLP
No.35462-35484 of 2014 as at Annexure-8, the Court does
not find any reason not to allow the pension in favour of
the petitioner as per the old rules and Odisha GPF Rules,
1938. Hence, it is ordered.
8. In the result, the writ petition stands disposed of
with a direction to opposite party No.1 to extend the
benefits of pension and other entitlements as per the pre-
amended OCS (Pension) Rules, 1992 and Odisha GPF
Rules, 1938 in consonance with the judgment of Anand
Dash (supra) confirmed by the Apex Court under
Annexure-8 at the earliest preferably within a period of
eight weeks from the date of receipt of a copy of this
order.
9. A certified copy of the order be issued as per rules.
( A.K. Mohapatra )
Judge
RKS
Location: High Court of Orissa
