STATE OF ORISSA & ANR. Vs. JAGANNATH BARIK.

JUDGEMENT

(1.) The appellant Stated Government represented by its Commissioner-cum-Secretary, School & Mass Education Department has filed this writ appeal questioning the correctness of the judgment dated 04.02.2011 passed by the learned single Judge in W.P. (C) No. 17561 of 2006, wherein the learned single Judge while allowing the writ petition filed by the respondent No. 1 directed the appellants to consider the case of the respondent No. 1 for pensionary benefits, urging various facts and legal contentions. It is contented by the appellants that the impugned judgment is contrary to law and hence the same is liable to be set aside.

(2.) The facts and circumstance giving rise to this appeal in nutshell is that, the respondent No. 1 was appointed and joined as a Primary School Teacher in a Non-Government Aided Primary School on 24.7.1965. While continuing as such, he was selected by the Orissa Public Service Commission (OPSC) for recruitment to the post of Orissa Administrative Service (OAS) in the year 1970. However, by virtue of Notification dated 20.8.1982, the Government appointed about 100 surplus OAS candidates with retrospective effect from 6.6.1980. As the respondent No. 1 could not get the opportunity of getting the job for the post of OAS, he filed OJC No. 1819 of 1983 before this Court which was disposed of on 8.2.1984 with an observation that the State Government may consider the case of the respondent No. 1 for absorption in a suitable post. On 6th Nov., 1985 the Dy. Secretary to Government in the Planning & Co-ordination Department issued a letter to the Chairman, OSEB and Managing Director of all Public Sector Undertakings for absorption of the respondent No. 1 in service under Public Sector Undertakings. Accordingly respondent No. 1 appointed as Asst. Transport Manager on ad hoc basis. Respondent No. 1 relieved from duty as Primary School Teacher on 13th Jan., 1986 and joined as Asst. Transport Manager. He retired from his service on 30th April, 2007. The grievance of the respondent No. 1 is that he rendered service as a Primary School Teacher from 24th July, 1965 to 13th Jan., 1986 i.e. nearly about twenty years and six months, however, he has not received any pensionary benefits. Being aggrieved, respondent No. 1 preferred W.P.(C) No. 17561 of 2006 before this Court, wherein, the learned single Judge after interpreting Rule 4 of the Orissa Aided Educational Institutions Employees Retirement Benefit Rules, 1981 (hereinafter called 'the 1981 Rules') and Orissa Aided Educational Institutions (Non-Government Fully Aided Primary School)Teachers, Retirement Benefit Rules, 1986 (hereinafter called "the 1986 Rules") allowed the writ petition and directed the opposite parties (appellants herein) to consider the case of the respondent No. 1- petitioner for pensionary benefits within a period of three months from the date of communication of the said order. Challenging the said impugned judgment, this writ appeal has been filed.

(3.) It is urged by the learned Standing Counsel for the appellants that Rule 4 of the 1986 Rules clearly speaks that Non-Government Primary School Teacher is entitled for Pensionary benefit under the said Rules if his service is ended on or after 1.4.1985 on the following occasions :