Orissa High Court
Babula Kumar Behera vs State Of Odisha And Others ..... ... on 18 February, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.30921 of 2024
Babula Kumar Behera ..... Petitioner
Represented By Adv. -
Amiya Kumar Chhatoi
-versus-
State Of Odisha and others ..... Opposite Parties
Represented By Adv. -
Ms. B.K. Sahu, A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
18.02.2025
Order No.
03. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the petitioner and Ms. B.K.Sahu,
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 Co-ordinate Bench 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.Sahu, 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
& 6 to the posts of Deputy Executive Engineer, Executive Engineer
and Superintending Engineer respectively. As per the order of
appointment, the petitioner, as made to reveal from Annexure-2,
joined on 4th 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-7 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 4th 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 consider the case of the
petitioner and in the event if confirmed that the case is covered
by the ratio in Anand Dash (supra), it is directed 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
Rubi
Location: High Court of Orissa, Cuttack
