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DINESH MAHESHWARI, SANJAY KUMAR
STATE OF ORISSA – Appellant
Versus
ORISSA KHADI AND VILLAGE INDUSTRIES BOARD KARMACHARI SANGH – Respondent
JUDGMENT :
DINESH MAHESHWARI, J.
1. This appeal is directed against the judgment and order dated 20.12.2012 in Writ Appeal No. 268 of 2011 whereby, the Division Bench of the High Court of Orissa has dismissed the intra-court appeal filed by the appellant State of Orissa and has affirmed the order dated 25.10.2010 in W.P. (C) No. 8438 of 2010, as passed by the learned Single Judge of the High Court, holding the employees of the Orissa Khadi and Village Industries Board1[Hereinafter also referred to as ‘the Board’.] entitled to pension at par with the Government employees and also directing the State Government to amend the applicable regulations accordingly.
2. In this appeal, the appellant State of Orissa has essentially contended that the High Court was not justified in issuing directions contrary to the applicable regulations, which rule out pensionary rights to the employees of the Board in specific terms; and when the provisions contained in the regulations were neither under challenge nor were declared invalid.
3. While embarking upon the questions arising in this appeal, it shall be apposite to take note of the relevant statutory provisions at the outset.
3.1. The Orissa Khadi and
An amendment with retrospective operation that takes away a benefit already available to the employee under the existing rule violates the rights guaranteed under Articles 14 and 16 of the Constituti....
Power to control appointment and power to put restrictions are distinct and different from power to determine service conditions of officers and servants of Board.
The main legal point established in the judgment is that employees of the Orissa Water Supply and Sewerage Board, being governed by the rules and regulations applicable to State Government employees,....
The Odisha Development Authorities (Retirement Benefit of the Employees) Rules, 2015 are declared ultra vires, affirming the right of employees appointed prior to 01.01.2005 to receive pension benefi....
Pension revisions cannot be denied based on financial constraints or arbitrary classifications based on retirement dates, ensuring equal treatment for all pensioners.
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