SARAT KU MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ application was filed under Articles 226 and 227 of the Constitution of India by Sarat Kumar Mohanty, a retired District Judge. During pendency of the writ application, the petitioner having expired on 26.11.2003, his legal heirs have been substituted by order dated 10.7.2009 in Misc. Case No. 2557 of 2003.

(2.) CHALLENGE in this writ application is to the order passed by the Government in Home Department refusing to exercise the power conferred in the State Government under Rule 186 of the Orissa Pension Rules, 1977 (hereinafter called as 'the Rules') for extending the benefit of addition of qualifying service to the service period of the deceased -petitioner as visualized under Rule 36 of the Rules. This order of the State Government has been impugned in this writ application and annexed as Annexure 10 to the writ application.

(3.) AFTER the aforesaid judgment was delivered by this Court, the State Government by the impugned order under Annexure -10 has refused to extend the benefit of addition of 5 years as the qualifying service under Rule 36 of the Rules. This order has been passed in purported exercise of the power under Rule 186 of the said Rules.