Buddhadev Raut Vs State of Odisha — Orissa HC (2024) — LawSathi Research

Buddhadev Raut Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to opposite party No.2 to take a decision on the petitioner's representation (Annexure-5) in accordance with law within three months from the date of production of certified copy of the order, and to communicate the result of such exercise to the petitioner; no opinion expressed on the merits.

Issue for consideration

Whether the petitioner, engaged initially as a Non-formal Instructor (later rehabilitated as Gana Sikhyak) and regularized after 01.01.2005, is entitled to have his seniority reckoned from the date of initial engagement and to come under the coverage of the OCS (Pension) Rule, 1992 with a GPF account, pursuant to the resolution dated 16.02.2008 and the Dhanjay Charan Dey judgment. +1 more

Ratio / Principle

Without expressing any opinion on the merits, this Court directed opposite party No.2 to take a decision on the petitioner's pending representation (Annexure-5) in accordance with law within a period of three months from the date of production of certified copy of the order, and to communicate the result of such exercise to the petitioner.

Key takeaways

The Writ Petition was disposed of accordingly, i.e., settled by way of an administrative direction rather than adjudication of the substantive pension/seniority claims.ratio¶30

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Biraja Prasanna Satapathy, J.), Order dated 07.05.2024 in W.P.(C) No.11165 of 2024 (Buddhadev Raut v. State of Odisha and Others): A petitioner rehabilitated into the Gana Sikhyak scheme, whose services were regularized after 01.01.2005 although his initial engagement as a Non-formal Instructor preceded that cut-off, sought counting of past services rendered under the Non-formal Education, EGS & AIE Schemes for seniority, coverage under the Odisha Civil Service (Pension) Rules, 1992 and GPF benefits under the G.P.F(O) Rules, 1938, invoking Dhananjay Charan Dey (2020 (II) ILR-CUT-84), Parmeswar Nanda (Civil Appeal Nos.505-531 of 2020) and State of Himachal Pradesh v. Joga Singh (SLP(C) No.183 of 2016). His representation (Annexure-5) had remained undecided. Without expressing any opinion on the merits, the Court directed Opposite Party No.2 to decide the representation in accordance with law within three months of production of a certified copy of the order and to communicate the result to the petitioner; the writ petition was disposed of accordingly.

Signature Not Verified

Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication Location: High Court of Orissa, C utta ck Date: 08-May-2024 19:23:34

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.11165 of 2024

Buddhadev Raut

Petitioner

Mr. K.K. Rath, Advocate

-versus-

State of Odisha and Others

…. Opposite Parties State Counsel

CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

07.05.2024

Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel for the parties.

3 . The Petitioner has filed the present Writ Petition with the following prayer: -

“It is therefore prayed that this Hon’ble Court may graciously be pleased to:- Admit the writ application, call for the records, issue notice to the Opp. Parties to show cause as to why the seniority and consequential benefit shall not be granted pursuant to the resolution dtd.16.02.2008 which has been allowed to Dhanjay Charan Dey and Others versus State of Odisha and Others which has been reported in 2020 (II, ILR-CUT-84) and as to why the petitioner shall not be entitled to come under the coverage of OCS (Pension) Rule, 1992 after allowing him to open the GPF account in reckoning the seniority from the date of engagement as Non-formal Instructor from which the petitioner service has been rehabilitated to the scheme of Gana Sikhyak..

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Signature Not Verified

Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication Location: High Court of Orissa, C utta ck Date: 08-May-2024 19:23:34

Failing to show cause showing insufficient cause issue the writ of mandamus directing the Opp. Parties to count the past services of the petitioners rendered under Non-formal Education Scheme, EGS & AIE Scheme Prior to 01.01.2005 for the purpose of bringing them under the coverage of Odisha Civil Service (Pension) Rules, 1992 and they may also be availed the benefit of G.P.F under the G.P.F(O) Rules, 1938 as their initial engagement was prior to the cutoff date 01.01.2005 and to grant the service benefits in the light of Judgment of Dhananjay Charan Dey and Others versus State of Odisha and Others reported in 2020 (II) ILR-CUT-84 although their services were regularized after 01.01.2005 keeping in view the ratio decided by the Hon’ble Apex Court in the case of Parmeswar Nanda and others versus State of Jharkhanda and others (Civil Appeal No.505-531 of 2020 arising out of S.L.P.(Civil) Nos.27922-27948 of 2017 disposed of on 7.2.2020) and in the case of State of Himachal Pradesh Versus Joga Singh (S.L.P(C) No.183 of 2016 dismissed on 04.01.2016 and subsequently review petition No.274 of 2017 dismissed on 2.3.2017 within a time to be stipulated by this Hon’ble Court.”

4. Learned counsel for the Petitioner submits that through highlighting his grievances, the petitioner has filed a representation vide Annexure-5 to the Writ Petition, but till date nothing has been done in the matter. In such background, he prays that a direction be issued to opposite party No.2 to take a decision on the above noted petition within a specific time period.

5. Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs opposite party No.2 to take a decision on the above noted petition in accordance with law, within

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Signature Not Verified

Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication Location: High Court of Orissa, C ceruttautta cktified copy of this order and communicate the result Date: 08-May-2024 19:23:34

a period of three months from the date of production of ceruttautta cktified copy of this order and communicate the result

of such exercise to the petitioner.

6. The Writ Petition is disposed of accordingly.

(Biraja Prasanna Satapathy) Judge

Basudev

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