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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Prasana Kumar Sahoo – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. writ petition filed for pension inclusion (Para 1 , 2) |
| 2. petitioner's qualifications and prior employment history (Para 3) |
| 3. court's reasoning on petitioner's claim viability (Para 4 , 6) |
| 4. opposing arguments focusing on regulations and appointment processes (Para 5) |
| 5. court's decision to quash the rejection order (Para 7) |
Judgment :
Biraja Prasanna Satapathy, J
1. Heard Mr. L.K. Mohanty, learned counsel for the petitioner and Mr. P.P. Behera, learned Addl. Standing Counsel for the State.
2. The present Writ Petition has been filed inter alia with the following prayer:-
“Under the aforesaid facts and circumstances, it is, therefore, most humbly prayed that this Hon’ble Court may graciously be pleased to :
(a) Issue Rule NISI calling upon the Opposite Parties to Show Cause as to why the services of the Petitioner shall not be included in the pensionable establishment under the of the Odisha Civil Services (Pension) Rules, 1992, and as to why the deduction of the General Provident Fund amount under the provisions of General Provident Fund (Odisha) Rules, 1938 shall not be made from his date of joining;
(b) If the Opposite Parties fail to show cause or show insufficient ca
Service continuity on ad hoc basis qualifies for pension and provident fund benefits despite regulatory amendments, emphasizing the need for equity in service recognition.
The court held that employees regularized despite not formally joining are still entitled to pensionary benefits, emphasizing fairness in public employment rights.
Point of Law : Estoppel - estoppel has been defined to mean a bar that prevents one from asserting a claim or right that contradicts what one has said or done before or what has been legally establis....
Employees serving over ten years without unlawful intervention are entitled to pension benefits, even if prior appointments were irregular. Bureaucratic failure to regularize should not impede legal ....
Temporary service rendered prior to 01.01.2004, followed by regularisation/absorption, counts towards qualifying service for pension under OPS, and such employees are not covered under NPS.
Candidates whose selection processes were completed prior to 1 January 2004 are entitled to benefits under the Old Pension Scheme, regardless of their appointment dates due to administrative delays.
Employees appointed before the introduction of new pension rules cannot be denied benefits retroactively, as their rights accrue from the date of initial appointment, affirming principles of equality....
Sanction/release of posts prior to NPS notification (22.12.2003) constitutes 'notified for recruitment' under OM dated 03.03.2023, entitling post-01.01.2004 appointees to switch from NPS to Old Pensi....
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