BIRABAR BARAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioners were admittedly serving as Primary School Teachers in different fully aided primary schools. While the matter stood thus, by virtue of a notification issued on 9.7.1999, the Management of some of the primary schools were taken over by the Government with effect from 5.9.1989. In consonance with the said notification, the schools, where petitioners 9 to 15 were serving were taken over and they became Government employees. The relief sought for in this writ application being part of the service benefit, the writ application filed by petitioners 9 to 15 cannot be entertained before this Court. Being confronted with the said legal problem, learned counsel for the petitioners confined this writ application to petitioners 1 to 8 only.

(2.) ACCORDING to the learned counsel for the petitioners a Notification was issued on 12.3.1986 introducing the Orissa Aided Educational Institutions (Non -Government Fully Aided Primary School Teachers) Retirement Benefit Rules, 1986. The said Rules came into force with effect from 1st day of April, 1985. Rule 8 of the said Rules reads as follows : - "An employee shall be eligible for pension or gratuity and death -cum -retirement gratuity at the rates admissible to his counterpart in State Government service."

(3.) ON 14.11.2000, this Court on being satisfied that the petitioners have a prima facie case directed to issue notice to the opposite parties directing that the case will be disposed of at the admission stage. Accordingly, services of notice on opposite parties 1 to 6 were validly made. When the matter was listed on 20.11.2003 at the request of the learned Senior Standing Counsel for the School and Mass Education Department another copy of the writ petition was served on him to enable him to obtain instruction and to file counter affidavit. Thereafter, the matter was listed on 15.12.2003. Mr. R. Behera, learned counsel appearing for the State prayed to list the matter on 19.1.2004 so as to enable the opposite parties to file counter affidavit. The matter was again listed on 19.1.2004. On the said date Mr. Sarangi learned Senior Standing Counsel for the School and Mass Education Department again requested to adjourn the case till 27.1.2004 so as to enable him to get instruction. With much reluctance the matter was adjourned as a last chance. On 29.1.2004 at the request of the learned counsel for the petitioners the matter was once again adjourned to 12.2.2004. Even on 12.2.2004 no counter affidavit was filed on behalf of the State. but the learned counsel for the opposite parties submitted that counter affidavit was necessary for effectual adjudication. Taking into consideration the submission made, a liberal view was taken, and this Court again adjourned the matter observing as follows : "Let the counter affidavit be filed by opposite parties 1 and 2 specifically indicating therein why the benefits granted to the Government pensioners by virtue of Annexure -1, i.e. Office Memo dated 12th May, 1999 shall not be extended to the petitioners, who are the retired Primary School Teachers, by virtue of the Orissa Aided Educational Institutions (Non -Government Fully Aided Primary School Teachers) Retirement Benefit Rules, 1986, specifically Rule 8 of the same. As a last chance, put up this matter on 2nd March, 2004."