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DINESH MAHESHWARI, SANJAY KUMAR
STATE OF ORISSA – Appellant
Versus
ORISSA KHADI AND VILLAGE INDUSTRIES BOARD KARMACHARI SANGH – Respondent
Headnote: Read headnote
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 i
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.
Pension revisions cannot be denied based on financial constraints or arbitrary classifications based on retirement dates, ensuring equal treatment for all pensioners.
Pension rights depend on the fulfillment of predetermined conditions, and cabinet decisions lack enforceability without formal executive orders.
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