KARUNAKAR BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ petition has been filed to direct the opposite parties for grant of pension and other pensionary benefits by regularizing the absence period of the petitioner, i.e., from 25.6.1983 to 2.1.2001 under concerned Leave Rules.

(2.) The filtering details of the case of the petitioner are that the petitioner was appointed by the Secretary of the opposite party No.4 School vide appointment letter dated 25.10.1968 as Headmaster. The School was under Grant-in-Aid since 1.4.1961. The appointment of the petitioner has been duly approved by the opposite parties. Due to ill health of the petitioner he remained on leave from 21.9.1982 to 17.1.1983 and again remained on leave from 25.6.1983 and did not return to the service due to his acute illness. He was under medical treatment and in the meantime his normal retirement date 1.2001 passed. After being recovered, the petitioner approached the opposite party No.3 on 20.9.2012 for payment of pension.

(3.) Be it stated that the pay of the petitioner was fixed by the opposite party No.3 under ORSP Rules, 1974 and ORSP Rules, 1981 vide Annexures-4 and 5, respectively. It is stated that from 28.10.1968 to 24.6.1983 the petitioner remained in regular service but remained absent from 25.6.1983 till his date of superannuation, i.e., 2.1.2001. Since the petitioner has served more than 10 years of service on regular basis, as per Rule 8 (2) of the Orissa Aided Educational Institutions Employees Retirement Benefit Rules 1981 (hereinafter called "Rules 1981"), he is eligible for pension of the period of his qualifying service up to the date of his retirement. In spite of all the efforts by approaching the opposite parties the minimum pension was not allowed to him and he is suffering with acute financial hardship with his wife. Hence, this writ petition is filed seeking necessary reliefs.