SANJU PANDA, J. W.P.(C ) NO.17561 OF 2006 (Decided on 04.02.2011) JAGANNATH BARIK ……… Petitioner. .Vrs. SECRETARY, DEPARTMENT OF SCHOOL & MASS EDUCATION,BBSR ……. Opp.Parties. & ORS. For Petitioner - M/s. Asim Amitav Das, S.Mohanty, B.R Swain, T.K.Praharaj. For Opp.Parties – Addl. Standing Counsel for O.P.No.1,2 & 4) M/s. Ashok Mohanty ,Hrusikesh Tripathy , P.Sahu & P.K.Mohanty (For Op.No.3) S. PANDA, J. In this writ petition, the petitioner has prayed for a direction to the opposite parties to give pensionary benefits for the services rendered by him as a Primary School Teacher as well as under the State Government. 2. The facts, as narrated in the writ petition, are as follows: The petitioner was appointed and joined as a Primary School Teacher in a Non- Government Fully Aided Primary School on 24.7.1965. He was transferred from one school to another during his service period. While continuing as a teacher in Non- Government Fully Aided School, he was selected by the Orissa Public Service Commission for recruitment to the post of Orissa Administrative Service (O.A.S.) in the year 1970. However, by virtue of Government Notification dated 20.8.1982, the Government appointed about 100 surplus candidates of 1978 O.A.S. recruits after amending the relevant portions of the Service Rules with retrospective effect from 6.6.1980 and as the petitioner could not get the opportunity of getting the job for the post of O.A.S. after approaching the authorities, he filed OJC No.1819 of 1983 before this Court which was disposed of on 8.2.1984 with an observation that the State Government may consider the case of the petitioner for absorption in a suitable post. On 6th November, 1985, the Deputy Secretary to Government in the Department of Planning and Coordination issued a letter to the Chairman, Orissa State Electricity Board, Managing Director, all Public Undertakings, for absorption of the petitioner in service under Public Sector Undertakings. In pursuance of the said letter, the petitioner received an appointment order as Asst. Transport Manager (Admn.) at Jatni on trial and ad hoc basis fixing the scale of pay with usual D.A. and A.D.A. as sanctioned from time to time. Accordingly, the petitioner who was a Primary School Teacher was relieved from the School on 13th January, 1986 and joined as the Asst. Transport Manager (Admn.), Jatni on 14th January, 1986. He retired from the service on 30th April, 2007. The petitioner has not received any pension till date. He rendered service as a Primary School Teacher from 24th July, 1965 to 13th January, 1986. 3. Learned counsel for the petitioner submitted that the Orissa Aided Educational Institutions (Non-Govt. Fully Aided Primary School Teachers) Retirement Benefit Rules, 1986 (in short, “1986 Rules”) came into force with effect from 1.4.1985. Rule 8 of 1986 Rules provides that an employee under Non-Govt. Fully Aided Educational Institutions shall be eligible for pension or gratuity and death-cum-retirement gratuity at the rates admissible to his counterpart in the State Government. He submitted that prior to the said Rules the employees of Non-Govt. Fully Aided Educational Institutions were also eligible for pension under the Orissa Aided Educational Institutions Employees Retirement Benefit Rules, 1981. He further submitted that Sub-Rule (5) of Rule 4 of 1981 Rules entitles a Non-Government Primary School Teacher to pension on closure of the College or School, as the case may be, due to withdrawal of recognition of the said College or School or other causes (emphasis supplied). The expression “or other causes” was clarified vide 1998 Amendment Rules. In Rule 4 of the Orissa Aided Educational Institutions’ ‘Employees’ Retirement Benefit Rules, 1981, in sub-rule (5) after Note-4, the following Note has been inserted, namely :- “Note-5- The period of qualifying service rendered by an employee under any Non-Government Aided Educational Institution affiliated to any University of the State shall count for the purpose of pension and gratuity in the event of his/her absorption in any of the Universities of the State or in any organization under the control and management of the State Government and the State Government shall bear liability only for the period of service of the employee rendered against any approved post in such Institution.” In view of the above amendment, as the petitioner was absorbed in the service being selected as OAS by the Orissa Public Service Commission, he is entitled to the pensionary benefits for the years from 1965 to 2007. 4. Opposite party no.4 has filed counter affidavit taking a stand that the petitioner is not entitled to any pensionary benefit as his case is not covered under 1986 Rules. A Primary School Teacher is entitled to pension if his service has ended on or after 1.4.1985 on the following grounds: “(a) On retirement by reason of his attaining the age of superannuation; or (b) On voluntary retirement or retirement by the appointing authority after completion of thirty years of qualifying service or the age of fifty years; or (c) On retirement before superannuation on medical certificate of permanent in capacity for further service; or (d) On termination of service due to abolition of the post; or 2 (e) On closure of the School due to withdrawal of recognition of the said School or other causes” 5. This Court heard the rival submissions of the parties and went through the relevant rules. It appears that the 1986 Rules ended in the year 1998 and the note to Sub-Rule (5) of Rule 4 of 1981 Rules was clarified as stated in the above paragraphs which clearly shows that a person absorbed in other service is also entitled to get the pensionary benefits. It is not in dispute that the petitioner was duly relieved by the authorities and absorbed in the Public Sector Undertakings on the request of the Deputy Secretary to the Government in the Department of Planning and Coordination. Therefore, the petitioner is entitled to the benefits of pension for the service he has rendered as a Primary School Teacher from 24.7.1965 till he was relieved from the said post. Admittedly, the petitioner was relieved from the service of Primary School on 13.1.1986. The 1986 Rules came into force from 1.4.1985. Therefore, the said Rule is applicable to the petitioner and he is entitled to get the pensionary benefits for the service rendered by him from 24.07.1965 to 30.04.2007. 6. Accordingly, the writ petition is allowed directing the opposite parties to consider the case of the petitioner for pensionary benefits within a period of three months from the date of communication of this order. Writ petition allowed. 3