JAYAKRUSHNA MUDULI Vs. STATE OF ODISHA

JUDGEMENT

(1.) Challenge has been made to the inaction of the opposite parties for not releasing the pension and other retiral benefits to the petitioner under the Orissa Aided Educational Institutions Employees Retirement Benefit Rules, 1981 (hereinafter called 'Rules 1981') and the Orissa Civil Services (Pension) Rules, 1992 (hereinafter called 'Rules 1992').

(2.) The factual matrix leading to the case of the petitioner is that the petitioner started his service in the erstwhile District Board, Puri as an Assistant Teacher on 1.1.1957 under the Zilla Parishad, Puri. He continued as such till 31.12.1960 but from 1.1.1961 his service was placed in Non-Government Primary School. Thereafter he was frequently transferred from one Education District to another Education District against the Rule. So, protesting his frequent transfer, he tendered resignation on 27.10.1983. But the opposite parties again reinstated him on compassionate ground on 26.9.1987 and he superannuated from service on 30.11.1993.

(3.) Be it stated that the petitioner being in Government service with effect from 5.9.1989 to 30.11.1993 for not more than 10 years may not be entitled for the pension under the Orissa Civil Service (Pension) Rules 1992 but he is entitled to pension having completed 27 years by 27.10.1983 when he resigned and thus, he is eligible to receive pension under Rules 1981. It is further stated that in order to avail pension under the Pension Rules, 1981 or under the Orissa Aided Educational Institutions (Non-Government Fully Aided Primary School Teachers') Retirement Benefit Rules, 1986 (hereinafter called 'the Rules, 1986') he made representation but that was not being considered. So, he filed O.J.C. No.12590 of 1999 which was disposed of on 20.12.1999 in the following term:- "O.J.C. No.12590 of 1999