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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.R.SARANGI, MURAHARI SRI RAMAN
Bhuban Mohan Dash – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner seeks declaration of pension rights. (Para 1) |
| 2. historical context of pension benefits at cuttack development authority. (Para 2) |
| 3. petitioner's contention on the statutory duty for pension provision. (Para 3) |
| 4. state's defense regarding rule formulation and employee classification. (Para 4 , 5 , 6) |
| 5. court's analysis of statutory powers in rule making. (Para 7 , 8) |
| 6. case law cited regarding the rights to pension. (Para 9 , 10 , 11 , 12) |
| 7. court declares new rules ultra vires. (Para 81) |
| 8. judgment concludes in favor of the petitioner. (Para 82) |
JUDGMENT :
B.R. SARANGI, ACJ.
The petitioner, who was the employee of Cuttack Development Authority, has filed this writ petition to declare the Odisha Development Authorities (Retirement Benefit of the Employees) Rules, 2015 under Annexure-6 as ultra vires to the provisions contained in the Odisha Development Authorities Act, 1982 as well as Articles 14 and 16 of the Constitution of India; and further to direct the opposite party- authorities to declare that since the petitioner is an employee appointed prior to 01.01.2005, he is entitled to get pension, as has been granted to similarly situated State Government
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 scheme-petitioners having admittedly received the entire CPF amount along with the due interest without any demur or protest, upon their retirement, they cannot be permitted to retract now at....
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....
Sympathies cannot override the Rules and Regulations.
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,....
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