RAMA NARAYAN PADHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner has filed this writ application, inter alia, with the following prayers:

(2.) The brief facts as delineated in the writ application tend to reveal as follows:

(3.) A counter affidavit has been filed on behalf of opposite party No. 2, i.e., the Board, refuting the claim of the petitioner on various grounds. It is stated therein that the Board of Secondary Education (Amendment) Regulations, 1997 specifies that the sanction of pensionary benefit in respect of the employees of the Board retiring on or after 1st day of January, 1982 came into force with effect from the date, of publication of the aforesaid Regulations in the Orissa Gazette w.e.f. 7.5.1997, for which the petitioner, who is a retired Deputy Secretary of the Board, was intimated to exercise his option to come over to the Pension Scheme w.e.f. 7.5.1997. According to the Board, as per the aforesaid Regulations more particularly the provisions laid down in Rule 20(1) of Section IV of Chapter-XIII of the Board's Regulations, the employees retiring on or after 1.1.1982 are entitled to get the benefits of the Pension Scheme w.e.f. 7.5.1997. It has also been clarified in the aforesaid counter affidavit that the payment of pensionary benefits will be made in accordance with the provisions of the Orissa Civil Services (Pension) Rules, 1992 read with the Orissa Civil Services (Commutation of Pension) Rules, 1993 which was given effect to from 7.5.1997. Learned counsel for opposite parties strongly submitted that the spirit of the notification specifying its enforcement w.e.f. 7.5.1997 indicates that an employee retiring on or after 1.1.1982 and prior to 7.5.1997 is entitled to get pension w.e.f. 7.5.1997 as per O.C.S. (Pension) Rules, 1992. As the petitioner in his option form claimed pensionary benefits w.e.f 1.10.1984, the same was not accepted by the Board since the pensionary benefits accrued only from 7.5.1997.