Disposed
Susanta Kumar Das v. State of Odisha
Orissa HCWP(C)/24925/2020
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W.P.(C) No.24925 of 2020
Heard learned counsel for the petitioner and 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 to regularize his past services rendered by him from 01.06.2001 to 31.03.2008 as qualifying service, keeping in view the ratio decided by the Hon’ble Apex Court in the case of Secretary, State of Karnataka and others -vrs.Umadevi (3) and others, (2006) 4 SCC 1 and he further seeks for direction to bring him under Old Pension Scheme as per the Finance Department Circular dated 04.04.2007.
In course of hearing, learned counsel for the petitioner submits that highlighting his grievance, the petitioner has made a comprehensive representation to opposite party No.1 vide Annexure-6. Learned counsel for the petitioner further submits that if a direction would be issued to the opposite party no.1 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
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of the case, the writ petition is disposed of with a direction to opposite party no.1 to take a decision on the representation filed by the petitioner vide Annexure-6 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.
2 issues framed by the court
Whether petitioner should be directed to seek regularization of past services and inclusion under Old Pension Scheme based on apex court ratio.
Whether writ petition should be disposed of by directing respondent to consider representation and pass appropriate order.
Petitioner
School and Mass Education Department
P. Patnaik
As recorded by the court registry
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