Sri Parsuram Behera vs President, Board of Secondary Education and Others

Heard. The Petitioner is an erstwhile employee of the Board of Secondary Education, Orissa. He retired from service on attaining the age of superannuation. As the date of birth of the Petitioner being 12.04.1944, he was made to retire from service on 30.04.2004 i.e. after completion of 60 years. The grievance of the Petitioner in this Writ Petition is that the authorities wrongly placing reliance on Clause 21 of the Notification dated 5.3.1997, issued by the Board of Secondary Education, Orissa, CTC, have taken a decision that the qualifying service of the Petitioner for the sake of calculation of pension is to be taken as 58 years instead of 60 years. The said decision is assailed in this Writ Petition.

After receiving notice, Opp. Parties have entered appearance. On instruction, it is submitted that as per Regulation 3(ii) of Chapter XIII of the Board''s Regulation, the age of retirement of the Officers is 60 years Further it appears, according to Regulation-6 of Chapter XII of the Board''s Regulation, the Petitioner was made to retire w.e.f. 30.04.2004 on attaining the age of superannuation i.e. 60 years. Fact remains, the Petitioner has served till he attained 60 years.

In view of the aforesaid facts & circumstances & the clear position as enunciated in Regulation 3(ii) of Chapter XIII, this Court feels that there is no reason as to why the pension of the Petitioner shall not be calculated taking the entire period of service rendered by him according to the Board''s Regulations referred to supra. Accordingly, we dispose of this Writ Petition directing the Opp. Party authorities to calculate the pension treating the qualifying service rendered by him.

The Writ Petition is disposed of accordingly. Urgent certified copy of this order be granted on proper application.