Umakanta Samal vs State Of Odisha And Ors

S.K. Panigrahi, J

(W.P.(C) Nos.12287, 12289 12291 and 12292 of 2022)

These  matters  are  taken  up  through  hybrid arrangement.

Heard.

In these Writ Petition, the petitioners have challenged the arbitrary action of the opposite parties in not sanctioning and releasing their pension, even though they are 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 petitioners submits that the present petitioners had joined in different posts (teaching and non-teaching) of Anchalik Higher Secondary School, Budhapal, in the district of Deogarh. He further submits that as per Rule-3 of the Rules, the petitioners are 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 in all these Writ Petitions.

Mr. S.K. Samal, learned Additional Government Advocate for the State waives of notice on behalf of the opposite parties. Required number of copies of each of the Writ Petitions be served on him within three working days hence, who shall obtain instructions in the matter and file reply.

So far as opposite party Nos.3 and 4 in all the Writ Petitions are concerned, issue notice to them through Registered Post with A.D./Speed Post returnable within three weeks. Postal requisites shall be filed within two 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, these matters be tagged along with the same.

…………………………….