BENUDHAR DAS Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) Whether the teacher of a non-government fully aided high school, who had resigned from service when the school was not a pensionable establishment, is entitled to pension under the provisions of the Orissa Aided Educational Institutions Employees' Retirement Benefits Rules, 1981 ("1981 Rules" for short) is the sole question that arises for consideration in the present writ petition.

(2.) The petitioner, in this case, impugns the order dated 15.11.2008 passed by the then Inspector of Schools, Mayurbhanj Circle, Baripada vide Annexure-7, rejecting the claim of his pension on different grounds. The petitioner was working as a teacher in Kaptipada Girls High School in the district of Mayurbhanj. He entered into service on 01.11.1960 and resigned from service on 19.12.1970. The "1981 Rules" came into force w.e.f. 01.04.1982.

(3.) Learned counsel for the petitioner submits that the petitioner is entitled to pension in view of the decision of this Court in Civil Appeal No.73 of 1992 and O.J.C. No.6344 of 1994. It is further submitted that, Hon'ble Supreme Court in the case of D.S. Nakara and others vrs. Union of India, 1983 AIR(SC) 130 having held that no artificial discrimination can be made for grant of liberalized pension between one homogeneous class, the benefit of pension is to be granted to the petitioner.