Writ petition seeking GPF benefits and pension rules declaration disposed without merits. Petitioner directed to file representation; opposite party ordered to decide within three months.
Directing opposite party to take decision on petitioner's representation within three months.
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W.P.(C) No. 33564 of 2020
02. 04.12.2020
The matter is taken up through video conferencing.
Heard Mr. J.R. Khuntia, learned counsel for the petitioner and learned Standing Counsel for School & Mass Education Department.
The petitioner has filed this writ petition seeking direction to the opposite parties to allow the petitioner to avail the benefit of GPF under the old Rules so also to make a further declaration that the petitioner is covered by the Orissa Civil Services (Pension) Rules, 1992 prior to its amendment by taking into account the initial date of appointment of the petitioner 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 31.08.2010), 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.
In course of hearing, learned counsel for the petitioner states that highlighting the grievance, the petitioner has made a representation to the opposite party no.1 vide Annexure-4, but no decision has yet been taken.
Considering the limited grievance of the petitioner, this Court, without expressing any opinion on the merits of the case, disposes of the writ petition directing the opposite party no.1 to take a decision on the 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 this order by the petitioner.
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(DR. B.R. SARANGI, J)
Ajaya
1 issue framed by the court
Whether to allow the petitioner to avail GPF benefits under old rules and declare coverage under Orissa Civil Services (Pension) Rules, 1992?
Colour shows how this judgement treated each authority
State of Punjab and Ors. Vs. Harbans Lal & Harbans Lal v. The State of Punjab and Ors. and Jeewan Lata v. State of Punjab and othersReferred¶5
Harbans Lal v. The State of Punjab and Ors., (CWP No. 2371 of 2010 decided on 31.08.2010) upheld in SLP(C) No.23578 of 2012 (State of Punjab and Ors. Vs. Harban
Ajaya
School & Mass Education Department
B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
