LAWS(ORI)-2014-1-83

STATE Vs. TAPAN KU. MALLICK

Decided On January 29, 2014
State and Ors. Appellant
V/S
Tapan Ku. Mallick Respondents

JUDGEMENT

(1.) HEARD .

(2.) THIS writ application has been filed by the petitioners -State challenging the order dated 09.02.2012 passed in O.A. No. 1674 of 2007 by the learned State Administrative Tribunal, Bhubaneswar.

(3.) THIS Court, in the case of Shri Anand Dash and others v. State of Orissa and others in a batch of writ applications, has delivered the judgment on 24.04.2013, being, W.P. (C) No. 15433 of 2012 and other connected matters holding that the amended Pension Rules, 2005 cannot be made applicable to the persons, who acquired right under the unamended Rules. The aforesaid judgment was passed referring to a Constitution Bench - judgment of the Hon'ble Apex Court in the case of Chairman, Railway Board and others v. C.R. Rangadhamaiah and others, : A.I.R. 1997 SC 3828 and in the case of State of Madhya Pradesh and others v. Yogendra Shrivastava, : (2010) 12 SCC 538.