The applicability of pensionary benefits under the 1981 Rules to staff of aided educational institutions under the direct payment system, irrespective of the form of aid received.

JUDGMENT

B.K. Nayak, J.

1. In this Writ Petition the Petitioner has prayed for quashing the Order Dated 03.06.2013 under Annexure-9 passed by the Director, Higher Education, Orissa, Bhubaneswar, with a further prayer to direct the Opp. Parties to sanction & pay the pensionary benefits to him. The Petitioner's case is that vide Order Dated 15.07.1975 of the Governing Body of Swami Vivekananda Memorial College, Jagatsinghpur, he was appointed as a Peon (Cycle Stand Guard) by the Governing Body following due process of selection. Vide office Order Dated 25.02.1982 (Annexure-3) the Petitioner was appointed against a substantive post of Peon in the scale of pay of Rs. 200-2-202-3-250. After such appointment, he was directed to work in the College Library as Library Attendant as per Order Dated 25.02.1982 under Annexure-4. It is the further case of the Petitioner that Swami Vivekananda Memorial College, Jagatsinghpur was established in 1962 & while receiving grant-in-aid, it came to the direct payment fold of the Government from the year 1974 & as such, it is an aided educational Institution within the meaning of Section 3(b) of the Orissa Education Act. It is further stated that as per grant-in-aid principles of the State Government for the aided colleges, though the Petitioner should have received grant-in-aid after five years of appointment & proposal in that regard was submitted by the College to the Government from time to time, he was not paid regular grant-in-aid. After much persuasion his appointment was approved by the Director, Higher Education, Orissa by order No. 48465 dated 06.12.2012 (Annexure-6) against the post of Library Attendant from his initial date of joining dated 16.07.1975. In the said approval order the Petitioner was granted block grant with effect from 01.02.2009 as per Grant-In-Aid Order 2009. While so continuing the Petitioner was retired from service on attaining the age of superannuation with effect from 30.04.2010 as per order under Annexure-7.

2. It is stated that even though the Petitioner is entitled to pensionary benefits in terms of Rule-3 of the Orissa Aided Educational Institutions' Employees Retirement Benefit Rules, 1981 (in short 'the 1981 Rules'), he was not paid any pension for which he made a representation to the Director on 15.10.2010. Since no action was taken on his representation, he was compelled to file W.P.(C) No. 8541 of 2013 before this Court, which was disposed of on 22.04.2013 with a direction to the Director, Higher Education, Orissa to consider the representation of the Petitioner & pass appropriate order for disbursement of pension, if the Petitioner was found entitled to the same or any part thereof, within a period of two months. The said representation has been rejected by the Director by the impugned order under Annexure-9 on the ground that since the 1981 Rules was applicable to the staff of non-government aided colleges, which are coming under the direct payment system, & that the Petitioner was in receipt of block grant with effect from 01.02.2009 in terms of the Grant-In-Aid Order, 2009, he is not entitled to pensionary benefits under the said Rules.

3. It was urged by the Learned Counsel for the Petitioner that as per Rule-3 of the 1981 Rules the provisions of the said Sarata Chandra Parida Vrs. State of Odisha Rules apply to all the teaching & non-teaching staff of non-government colleges, which come under the direct payment system & that the Swami Vivekananda Memorial College, Jagatsinghpur, where the Petitioner was working, being an aided college, brought under the direct payment system & there being nothing in the Rules that staff of such colleges, who are in receipt of block grant will not get the benefit of the Rules, the order of the Director (Annexure-9) is bad in law & liable to be set aside. It is also his submission that the Director by his order under Annexure-6 having approved the services of the Petitioner with effect from the date of his joining, could n