BIDYADHAR MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this writ application, the Petitioner prays for a direction to the Opposite Parties to sanction and disburse his pension at par with the State Government employees on the basis of the Orissa Revised Scale of Pay Rules, 1998 (hereinafter 'the ORSP Rules, 1998') and further to pay the differential salary computed in terms of the ORSP Rules, 1998 which came into force with effect from 1.1.1996 so also the differential gratuity and leave salary.

(2.) THE brief facts, as delineated in the writ application, tend to reveal as follows: On 28.5.1974, the Petitioner joined as a regular Amin under the erstwhile Special Planning Authority, Rourkela, which was subsequently reconstituted under the Regional Improvement Trust Act with effect from 26.1.1976 as the Rourkela Improvement Trust.The State Government by virtue of the notification issued under Section 3(i) of the Orissa Development Authorities Act, 1982 (hereinafter 'the Act') constituted the Rourkela Development Authority (hereinafter 'the RDA') which incorporated the areas under the Rourkela Regional Improvement Trust. The Petitioner, who joined as an Amin under the Special Planning Authority, Rourkela, continued underthe RDA and ultimately retired from service with effect from 31.12.2001 on attaining the age of superannuation. The grievance of the Petitioner is that though he retired from service with effect from 31.12.2001, he was not paid any pension and other retiral benefits for which he made a representation to the Secretary, RDA on 11.3.2002, the copy of whichis annexed hereto as Annexure -2 and its English translation is annexed hereto as Annexure -2/A.

(3.) LEARNED Counsel for the Petitioner drew my attention to Annexure 7, which is an office order issued by the Secretary, RDA, indicating therein that the leave of the Petitioner had been sanctioned under the Orissa Leave Rules, 1966. Further the case of the Petitioner is that when the employees of CDA are receiving pension at par with the retired employees of the State Government as per the Pension Rules, 1992, ihere is no justification for the O.Ps. to deny the Petitioner to receive the pension as per the Pension Rules, 1992.