SK. NIZAMUDDIN Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) Challenge has been made to the order dated 18.5.2012 passed by the learned Odisha Administrative Tribunal, Cuttack Bench, Cuttack (hereinafter called 'the Tribunal') in O.A. No. 805(C) of 2011 in not granting pensionary benefit under the Orissa Pension Rules, 1992 (hereinafter called 'the Rules').

(2.) The backdrop of the case of the petitioner is that the petitioner is an advocate since 1973. In 1990 he was appointed as an Asst. Public Prosecutor under the Law Officers Rules, 1971 (hereinafter called 'the Rules, 1971'). Moreover, he was also appointed as Asst. Public Prosecutor in 1995 and worked as such under the aforesaid Rules. Orissa State Prosecution Rules, 1997 came into force on 7.3.1998 (hereinafter called 'the Rules, 1997'). Accordingly, the petitioner was duly appointed as direct candidate to the post of Public Prosecutor and joined his duty on 13.7.2001.

(3.) According to the petitioner he was appointed to the post of Public Prosecutor at the age of 50 years and he got superannuation in the year 2001, but unfortunately due to want of 10 years of qualifying service, he was deprived of getting the pension.