Dhaneswar Behera vs State Of Odisha And Ors

S.K. Panigrahi, J

This matter is taken up through hybrid arrangement.

Heard.

In this writ petition, the petitioner has challenged the arbitrary action of the opposite parties in not sanctioning and releasing his pension, even though he is entitled to the same as per Rule-3 of the Orissa Aided Educational Institutions’ Employees’ Retirement Benefit Rules, 1981 (hereinafter referred to as “the Rules” for brevity), which has been reiterated in the case of Sarat Chandra Parida –vrs.- State of Odisha and Ors. Vol.120 (2015) CLT-813 by this Court. The said case travelled up to the Hon’ble Supreme Court by way of filling a SLP by the State and the same was dismissed on the ground of delay.

Learned counsel for the petitioner submits that the present petitioner had joined as a Junior Clerk in Raghunath Samabaya Mahavidyalaya, Odagaon, in the district of Nayagarh. He further submits that as per Rule-3 of the Rules, the petitioner is entitled to get the pension, which reads as follows:

“Application of the Rules- These rules shall apply to the teaching and non-teaching staff of all recognized non-Government Colleges, High Schools, Senior Basic Schools and M.E. Schools which come under the direct payment system and all non-Government Primary Schools including Sanskrit Tols and Junior Basic Schools fully aided by Government in Education and Youth Services Department directly or through Panchayat Samitis constituted under the Odisha Panchayat Samiti Act, 1959 or through a Notified Area Council or Municipality constituted under the Odisha Municipal Act, 1950.

Provided that Government may, by general or special order as may be issued in that behalf, specify any other educational institution or category of institutions and the staff working therein to whom the rules shall apply.”

In view of such facts and circumstances, notice needs to be issued to the opposite parties.

Hence, issue notice to the opposite parties.

Ms. Suman Pattanayak, learned Additional Government Advocate for the State waives of notice on behalf of the opposite party Nos.1 and 2. Required number of copies of the writ petition be served on her within three working days hence, who shall obtain instructions in the matter and file reply.

So far as opposite party No.3 is concerned, Mr. S.K Patra, learned Advocate who usually appears for the Controller of Accounts, Odisha waives of notice on behalf of the opposite party No.3, as directed by this Court. Required number of copies of the writ petition be served on him within three working days hence, who shall obtain instructions in the matter and file reply.

So far as the opposite party No.4 is concerned, issue notice to it through Registered Post with A.D./Speed Post returnable within four weeks. Postal requisites shall be filed within four working days hence.

Since the similar matter i.e. W.P.(C) No.3924 of 2022 has been fixed for hearing on 18th of July, 2022, this matter be tagged to the same.

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