The bench dismissed the writ petition challenging the Odisha Administrative Tribunal's order granting the petitioner eligibility for minimum pension under OCS Rules based on 1994 appointment, rejecting the argument that the 2005 scheme applies.
Petition challenging the Tribunal order dismissing the request for pension regularisation is dismissed.
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W.P.(C) No. 25530 of 2014
Learned Additional Government Advocate, however, submits that they will be governed under the new pension scheme which came into effect from 2005. We make it clear that since the initial appointment/engagement of the petitioner was in the year 1994, he will be governed under the OCS (Pension) Rules.
Connected Misc. Case/I.A., if any, also stands dismissed.
It is made clear that this order will not be treated as a precedent.
…………………..……… ( K.R. Mohapatra) Judge
SKJ
2 issues framed by the court
Whether a work charged employee appointed in 1994 is entitled to regular establishment status and minimum pension under OCS (Pension) Rules despite pending challenge to Tribunal order.
Whether the new pension scheme effective from 2005 applies to an employee initially appointed in 1994.
Petitioner
State of Odisha
K.R. Mohapatra
As recorded by the court registry
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