The High Court disposed of a writ petition without expressing an opinion on merits, directing the School and Mass Education Department to consider and decide the petitioner's representation regarding pension inclusion within three months.
Direction to opposite party no.4 to consider representation and pass appropriate order within three months.
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W.P.(C) No.22121 of 2020
Heard Mr.L.K.Mohanty, learned counsel for the petitioner and Mr.Bhardwaj, learned Standing Counsel for School and Mass Education Department.
In the present writ petition, the petitioner has inter alia, prayed for a direction to the opposite parties for inclusion of the name of the petitioner under OCS Pension Rules, 1992 keeping in view the ratio decided in the case of Ananda Chandra Das and others-vrs.-State of Odisha reported in 2014 (Suppl.) OLR 754.
In course of hearing, Mr.Mohanty, learned counsel for the petitioner submits that highlighting her grievance, the petitioner has made a comprehensive representation to opposite party No.4 vide Annexure-4. Learned counsel for the petitioner further submits that if a direction would be issued to the opposite party no.4 to consider and dispose of the representation in the light of the aforesaid decision, the grievance of the petitioner shall be redressed.
Learned Standing Counsel for School and Mass Education Department however, does not have any serious objection to that course of action.
Considering the limited grievance of the petitioner and without expressing any opinion on the merits of the case, the writ petition is disposed of with a direction to opposite party no.4 to take a decision on the
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representation filed by the petitioner vide Annexure-4 and pass appropriate order in accordance with law within a period of three months from the date of production of certified/authenticated copy of this order.
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P. Patnaik, J.
1 issue framed by the court
Whether direction should be issued to include petitioner's name under OCS Pension Rules, 1992 in light of Ananda Chandra Das judgment.
Colour shows how this judgement treated each authority
Ananda Chandra Das and others-vrs.-State of OdishaReferred¶4
Ananda Chandra Das and others-vrs.-State of Odisha reported in 2014 (Suppl.) OLR 754
2 provisions across 2 enactments
Petitioner
School and Mass Education Department
P. Patnaik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
