Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Hemant Kumar Chhotaray – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioners' claim rejected on existing orders. (Para 1) |
| 2. analysis of rule 3 regarding pension eligibility. (Para 2) |
| 3. state's position against employee pension claims. (Para 3) |
| 4. court's decision to grant pension benefits. (Para 6 , 7) |
| 5. conclusion to quash prior orders denying pension. (Para 8) |
JUDGMENT :
Biraja Prasanna Satapathy, J.
1. Since on the face of the order passed by this Court in the case of Sarat Chandra Parida Vs. State of Odisha & Ors. 2015 (II) ILR-CUT-94, the claim of the Petitioners to get the benefit of pension and other pensionary benefits in terms of the provisions contained under Odisha Aided Educational Institutions’ Employees’ Retirement Benefit Rules, 1981 (in short 1981 Rules) has been rejected and in some of the cases order passed by this Court allowing the benefit in the light of the order passed in the case of Sarat Chandra Parida when was remitted back by the learned Appellate Court in various Writ Appeals, all the matters were heard analogously and disposed of by the present common order.
2. This Court in the case of Sarat Chandra Parida while dealing with the provisions contained under Rule 3 of 1981 Rules held as follows in Para 8
The court ruled that employees of aided educational institutions receiving block grants are entitled to pension benefits under the 1981 Rules, establishing that eligibility for pension cannot be deni....
The main legal point established in the judgment is that teachers at State-aided educational institutions in Uttar Pradesh are governed by the Applicable Rules and not the Government Employees Rules.....
Point of law: Service Law - Teaching and non teaching staff - Grant old pension Scheme - Rule 19 of Rules of 1978 is applicable for the payment of provident fund to teachers and head masters employed....
Employment and Service matter - Payment of provident fund - New Pension Scheme - Enforcement of - Under impugned order making applicable NPS being institutions brought within the purview of Payment o....
Point of law: practice of the Government issuing Government Orders for fulfilling the needs of individual persons, for one reason or the other, should be put a stop to, as otherwise the clause of equ....
Staff of 95% grant-in-aid colleges deemed akin to government employees for retiral benefits like gratuity and enhanced leave encashment; state bears 95% liability per precedents.
The court established that financial aid eligibility for lecturers in minority institutions is contingent upon the date of their appointment relative to the policy decision of 09.12.1982, which restr....
The court established the validity of the State's decision to adopt a cut-off date for pension calculation, considering financial implications and policy decisions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
