CUTTACK: The Orissa high court has ruled that the amendments brought to the Orissa Civil Service (Pension) Rules, 1992 in 2005 cannot have retrospective effect.
"It is crystal clear that the statutes or rules dealing with substantive rights is prima facie/generally perspective unless it is expressly or by necessary implications made to have retrospective operation," the single judge bench of Justice S K Panigrahi observed on Friday.
The ruling came on a batch of petitions filed by junior lecturers of various districts, in Class-II of Odisha Education Service (OES), who were continuing in service when the amended Odisha Civil Service (Pension) Rules, 1992 was notified on September 17, 2005.
As per the amended rules, all persons appointed under the Government of Odisha with effect from January 1, 2005 shall not be eligible for pension as defined under OCS (Pension) Rules, 1992. The petitioners sought intervention against the state government not enrolling them under OCS (Pension) rules, 1992 though their selection was prior to commencement of the new pension scheme.
The HC held that the amended rules will not apply to the petitioners and they will be governed by the said rules as it existed on the date of their joining in service.
Accordingly, the bench directed that the petitioners will be governed by the provisions of the old Orissa Civil Service (Pension) Rules, 1992 as it stood prior to the amendments brought into the same and will be entitled to all the benefits, which were provided thereunder prior to such amendments.
