Orissa High Court
(State Of Punjab And Ors vs Harbans Lal) And on 7 January, 2021
Author: Biswanath Rath
Bench: Biswanath Rath
W.P.(C) No.130 of 2021
02. 07.01.2021 This matter is taken up through Video
Conferencing.
Heard Mr.K.K.Swain, learned counsel for the
petitioners and learned Standing Counsel for School and
Mass Education Department.
This writ petition involves the following
prayer:
"Under the above circumstances, it is
humbly prayed that the writ application be allowed;
And
a) a writ of mandamus or an appropriate writ be
issued commanding the O.Ps. to allow the
petitioner to avail the benefit of G.P.F. under the
old Rules so also a further declaration be made
that he/he is covered by the Orissa Civil Services
(Pension) Rules, 1992 prior to its amendment by
taking into account their initial date of
appointment keeping in view the decisions held by
the Punjab and Haryana High Court in Harbans
Lal v. The State of Punjab and Ors., (CWP
No.2371 of 2010, decided on 31.8.2010),
which has been upheld by the Hon'ble Apex
Court in SLP(C) No.23578 of 2012 (SLP(C)....CC
No.17901 of 2011) disposed of on 30.07.2012
(State of Punjab and Ors. Vs. Harbans Lal) and
also in the case of Jeewan Lata v. State of
Punjab and others, (CWP No.10238 of 2017)
(O&M), decided on 10.05.2019) with all
consequential benefits."
For the nature of relief sought for and for
pendency of the representation at the instance of the
petitioners, vide Annexure-4 on the selfsame grounds, this
writ petition is not entertainable at this stage and the
same stands disposed of directing opposite party no.1 to
look into the request of the petitioners, vide Annexure-4
m and take decision taking into account the decisions relied
on by the petitioners in the case of Harbans Lal v. The
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State of Punjab & Others, (CWP No.2371 of 2010,
decided on 31.8.2020), which has been upheld by the
Hon'ble apex Court in SLP(C) No.23578 of 2012,
SLP(C).....CC No.17901 of 2011 disposed of on 30.7.2012
(State of Punjab and others vrs. Harbans Lal) and also
in the case of Jeewan Lata vrs. State of Punjab &
others, (CWP No.10238 of 2017 (O & M), decided on
10.5.2019, within a period of two months from the date of
communication of this order so also copy of the writ
petition by the petitioners.
It is further directed that after consideration
of the representation in terms of the above order, if it is
found petitioners are entitled to get the benefit, the arrear
as well as the current dues shall be calculated and
released in favour of the petitioners within a period of
fifteen days thereafter. It is made clear that in the event
payment involving petitioners is not released within the
time stipulated hereinabove, it shall carry interest @7%
per annum all through and the interest component shall
be recovered from the authority responsible for such
delay.
The petitioners may utilize the soft copy of
this order available in the High Court's website or print
out thereof at par with certified copies in the manner
prescribed, vide Court's Notice No.4587, dated
25.03.2020.
.....................................
Biswanath Rath, J.
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