LAWS(ORI)-1999-5-3

NIMAI CHARAN MOHANTY Vs. STATE OF ORISSA

Decided On May 13, 1999
Nimai Charan Mohanty Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) AS similar questions are involved in all these writ petitions, these were heard analogously and are being disposed of by this common judgment.

(2.) THE writ petitioners of these cases initially served as teachers in various Primary Schools which were being managed and administered by the District Boards or Local Boards under the control of the District Boards. The District Boards and the Local Boards were abolished and from 1961 all the Primary Schools run by those bodies were placed under the management of the Zilla Parishad, From 1967 those schools were placed under the management of the Panchayat Samities. From September 5, 1989 all those Primary Schools were taken over by the State Government and the serving teachers became direct Government employees.

(3.) COMMON grievance of the petitioners in all these writ petitions is that the services rendered by them in different Primary Schools managed by the District Boards or Local Boards prior to April 1. 1964 are not being counted for the purpose of computing their pension or other retirement benefits. They have challenged a letter/circular No. RIO/928633/AD February 24,1992 issued by the Deputy Secretary, Department of Education, Government of Orissa to the Director of Treasuries and Inspection, Government of Orissa instructing that - 'the legal services of the Primary School teachers for which they have contributed towards their C.P.F. only will account for the purpose of allowing retirement benefit'.