Pulasti Chhatria vs Government Of Odisha And Others

Dr. S. Muralidhar, CJ

This matter is taken up by video conferencing mode, in the Vacation Court.

The Petitioner has filed this writ petition seeking direction to the Opposite Parties to bring the Petitioner under the coverage of Odisha Civil Service

(Pension) Rules, 1992 prior to its amendment, being appointed between the period 01.01.2005 to 17.09.2005, and may also be allowed to subscribe for

GPF under the G.P.F. (O) Rules, 1938 prior to its amendment as per the ratio decided in the case of Anand Das v. State of Odisha, 2014 ILR-CUT-

459 which has been upheld by the apex Court in SLP Nos.35462-35464 of 2014 decided on 9th March, 2018 and also keeping in view the order

passed by the Odisha Administrative Tribunal in the case of Sabita Mohapatra (O.A. No.2501 of 2013 disposed of on 29th September, 2014) with all

consequential benefits within a time to be stipulated by this Court.

In course of hearing, learned counsel for the Petitioner states that the Petitioner may be permitted to file a fresh representation before Opposite

Party No.1 which may be considered within a stipulated time.

In view of the aforesaid limited grievance of the Petitioner, this Court while not expressing any opinion on the merits of the claim of the Petitioner,

disposes of the writ petition granting liberty to the Petitioner to file a fresh representation before Opposite Party No.1 ventilating his grievance within a

period of two weeks. If such representation is filed within the time stipulated, the same shall be considered and disposed of by Opposite Party No.1 in

accordance with law within a period of three months thereafter keeping in view the judgments in  Anand Dash (supra) and Sabita Mohapatra

(supra).

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th April, 2021.