ANAND DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THESE three writ petitions have been filed by the petitioners, who are stenographers working in the establishment of the Orissa High Court. As the facts involved in all the three writ petitions are same, they were heard together and disposed of by this common judgment. Before adverting to the facts of the case, it would be profitable to refer to the General Provident Fund (Orissa) Rules, 1938 and the Orissa Civil Services (Pension) Rules, 1992. On 1.4.1938, in exercise of powers conferred under Section 241 of the Government of India Act, 1935, the Governor of Orissa was pleased to make a Rule for services of the crown under the Rule making control of the Government of Orissa named as "General Provident Fund (Orissa) Rules, 1938. Rule 4 of the said Rules reads as follows:

(2.) ON 1.4.1992, in exercise of powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Orissa was pleased to frame a Rule to regulate the grant of pension, gratuity and other retiral benefits to the persons on retirement from service in connection with the affairs of the State of Orissa called "Orissa Civil Services (Pension) Rules, 1992". Rule 3 of the said Rules reads as follows:

(3.) ON 31.8.2007, a notification was issued by the Government of Odisha amending General Provident Fund (Orissa) Rules, 1938 which was called as "General Provident Fund (Orissa) Amendment Rules, 2007 by adding a proviso after the proviso to Rule 4 which reads as follows: