High Court granted petitioner pensionary benefits under Orissa Aided Educational Institutions' Employees Retirement Benefit Rules, 1981, relying on Sarat Chandra Parida and a related 2018 writ petition.
Directed opposite parties to extend pensionary and other retirement benefits to the petitioner within four months of receiving a certified copy of this order.
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W.P.(C) No. 26631 of 2019
02 19.12.2019
Heard Mr. K. Swain, learned counsel for the petitioner and learned Addl. Government Advocate.
The petitioner has filed this writ petition seeking direction to the opposite parties to grant pension to the petitioner in terms of the Orissa Aided Educational Institutions’ Employees Retirement Benefit Rules, 1981 keeping in view the judgment rendered in the case of Sarat Chandra Parida v. State of Odisha, 2015 (II) ILR-CUT 94.
Learned counsel for both the parties state that the issue involved in this case is analogous to W.P.(C) No.22316 of 2018. Therefore, in view of the reasons assigned in order dated 20.08.2019 passed in W.P.(C) No.22316 of 2018, this writ petition stands disposed of.
The petitioner having stood in the same footing
is also entitled to the benefits at par with Sarat Chandra Parida (supra). Consequentially, the opposite parties are directed to extend the pensionary and other retiral benefits to the petitioner within a period of four months from the date of communication/production of a certified copy of this order.
With the aforesaid observation and direction,
the writ petition stands disposed of.
Issue urgent certified copy as per rules.
Alok
…………….…………… (DR. B.R. SARANGI)
JUDGE
2
2 issues framed by the court
Whether the petitioner is entitled to grant of pension in terms of the Orissa Aided Educational Institutions' Employees Retirement Benefit Rules, 1981.
Whether the judgment in Sarat Chandra Parida v. State of Odisha applies to the present case.
Colour shows how this judgement treated each authority
Sarat Chandra Parida v. State of OdishaRelied on¶4
2015 (II) ILR-CUT 94 · Who else cites this
W.P.(C) No.22316 of 2018Relied on¶5
W.P.(C) No.22316 of 2018
1 provisions across 1 enactments
Petitioner
Opposite Parties
Dr. B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
