STATE Vs. UMESH CH. SUTAR

JUDGEMENT

(1.) HEARD .

(2.) THE petitioners - State have challenged the order dated 11.11.2011 passed in O.A. No. 348 of 2009 by the learned State Administrative Tribunal, Bhubaneswar.

(3.) THE learned Tribunal, while considering the pleadings of the parties and after hearing learned counsel for the respective parties, as a matter of fact, finding that the opposite party was recruited to the post and joined on 17.02.2005, which was born in a pensionable establishment and by the impugned amendment, his right to get pension is curtailed and referring to a Constitution Bench judgment of the Hon'ble Supreme Court in the case of Chairman, Railway Board and others v. C.R. Rangadhamaiah and others, : A.I.R. 1997 SC 3828 as well as the other decisions, came to the conclusion that in accordance with the ratio of the aforesaid decisions, sub -rule - (4) of Rule - 3 of the O.C.S. (Pension) Rules, 1992 as amended as well as the amendment brought to the General Provident Fund Rules under Annexure -B to the Original Application, cannot have any application in respect of the applicant - opposite party.