Disposed

Baina Sahoo v. State of Odisha

Orissa HC7 Oct 2021WP(C)/31527/2021

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What is this about?

The Court disposed of a writ petition seeking direction to open a GPF account and grant pension benefits under OCS Rules. The Court directed the respondents to consider the petitioner's case in light of the judgment in Udayanath Rout within three months.

What did the court decide?

Directing the opposite parties to consider the petitioner's case in light of Udayanath Rout within three months.

Baina Sahoo Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.31527 OF 2021

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Baina Sahoo

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Petitioner

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Mr. S.N. Patnaik, Advocate

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Vs.

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….. State of Odisha & Ors. Opposite parties

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Mr. A.K. Sharma, AGA

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CORAM:

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DR. JUSTICE B.R. SARANGI

ORDER

07.10.2021

Order No.

This matter is taken up through hybrid mode.

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Heard Mr. S.N. Patnaik, learned counsel for the petitioner and Mr. A.K. Sharma, learned Additional Government Advocate.

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The petitioner has filed this writ petition seeking direction to the opposite parties to open GPF account of the petitioner from the date of his regularization as has been made in favour of other employees and cover him under the OCS (Pension) Rules, 1992 by granting all consequential service and financial benefits declaring the decision of opposite party no.1 dated 05.02.2020 is not sustainable in view of the principle decided by this Court vide order dated 09.08.2021 in WPC (OAC) No.2408 of 2015 and batch under Annexure-11.

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Mr. S.N. Patnaik, learned counsel for the petitioner contended that the case of the petitioner is covered by the ratio decided by this Court in Udayanath Rout v. State of Odisha (WPC (OAC) No.2408 of 2015, disposed of on 09.08.2021). Therefore, direction may be issued to the authority to extend similar benefit to the petitioner.

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Mr. A.K. Sharma, learned Additional Government Advocate contended that since similar question has been decided by this Court in WPC (OAC) No.2408 of 2015 and if the petitioner stands same footing, the benefit admissible to the petitioner should be granted in his favour.

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Considering the contentions raised by the learned counsel for the parties and after going through the records, this Court disposes of the writ petition directing the opposite parties to consider the case of the petitioner in the light of judgment passed by this Court in Udayanath Rout (supra) as expeditiously as possible, preferably within a period of three months from the date of production of this order.

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With the above observation and direction, the writ petition is disposed of.

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Issue urgent certified copy as per rules.

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(DR. B.R. SARANGI) JUDGE

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A.K. Rana

Baina Sahoo v. State of Odisha

Case brief

What is this about?

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Baina Sahoo v. State of Odisha

Case brief

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