SUBARNA DIBYA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THESE Writ Petitions involve common question of law and were, therefore, heard together and are being disposed of by this common judgment.

(2.) IN all these Writ Petitions filed under Articles 226 and 227 of the Constitution of India, the petitioners seek to challenge the Notification issued by the Government of Orissa, Department of School and Mass Education dated 18th October, 2001. By the said Notification, the Government in exercise of power conferred under Section 27 of the Orissa Education Act sought to amend the Orissa Aided Educational Institutions Employees' Retirement Benefit Rules, 1981 by introduction of the Orissa Aided Educational Institutions Employees' Retirement Benefit (Amendment) Rules, 2001 (hereinafter referred to as the '2001 Amendment Rules'). The Amendment Rules came into force on the 1st day of September, 1988.

(3.) BEFORE embarking upon examination of the points involved, it would be prudent to refer to the relevant Rules dealing with the retirement benefits of the employees more particularly primary school teachers of the Aided Educational Institutions.