Court disposed of a writ petition concerning General Pension Fund benefits, directing the department to reconsider the petitioner's representation within one and a half months, with conditional payment instructions thereafter.
Direction to the opposite party to consider the petitioners' request and decide within one and half months.
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W.P.(C) No.29900 of 2020
2. 11.11.2020 This matter is taken up through Video Conferencing.
Heard Mr.K.K.Swain, learned counsel for the petitioners and learned Standing Counsel for School and Mass Education Department.
This writ petition involves the following
prayer:
“Under the above circumstances, it is humbly prayed that the writ application be allowed;
And
a) a writ of mandamus or an appropriate writ be issued commanding the O.Ps. to allow the petitioners to avail the benefit of G.P.F. under the old Rules so also a further declaration be made that they are covered by the Orissa Civil Services (Pension) Rules, 1992 prior to its amendment by taking into account their initial date of appointment keeping in view the decisions held by the Punjab and Haryana High Court in Harbans Lal v. The State of Punjab and Ors., (CWP No.2371 of 2010, decided on 31.8.2010), which has been upheld by the Hon’ble Apex Court in SLP(C) No.23578 of 2012 (SLP(C)….CC No.17901 of 2011) disposed of on 30.07.2012 (State of Punjab and Ors. Vs. Harbans Lal) and also in the case of Jeewan Lata v. State of Punjab and others, (CWP No.10238 of 2017) (O&M), decided on 10.05.2019) with all consequential benefits;
And
And for this act of kindness, the petitioners shall as in duty bound ever pray.”
For the nature of relief sought for and for pendency of the representation at the instance of the
m
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petitioners, vide Annexure-3 on the selfsame grounds, this writ petition is not entertainable at this stage and the same stands disposed of directing opposite party no.1 to look into the request of the petitioners, vide Annexure-4 and take decision taking into account the development through Annexure-2 series within a period of one and half months from the date of communication of this order so also copy of the writ petition by the petitioners.
It is further directed that after consideration of the representation in terms of the above order if it is found petitioners are entitled to get the benefit, the arrear as well as the current dues shall be calculated and released in favour of the petitioners within a period of fifteen days thereafter. It is made clear that in the event payment involving petitioners is not released within the time stipulated hereinabove, it shall carry interest @7% per annum all through and the interest component shall be recovered from the authority responsible for such delay.
The petitioners may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587, dated 25.03.2020.
Biswanath Rath, J.
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1 issue framed by the court
Whether the writ petition regarding GP.F benefits under the old Rules is entertainable at this stage given the pending representation.
Colour shows how this judgement treated each authority
Harbans Lal v. The State of Punjab and Ors.Referred¶8
Harbans Lal v. The State of Punjab and Ors.
State of Punjab and Ors. Vs. Harbans LalReferred¶8
State of Punjab and Ors. Vs. Harbans Lal
Jeewan Lata v. State of Punjab and othersReferred¶8
Jeewan Lata v. State of Punjab and others, (CWP No.10238 of 2017)
Petitioners
School and Mass Education Department
Biswanath Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
