Orissa High Court
Sarat Chandra Padhi & vs State Of Odisha & Ors on 31 August, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC (OA) No. 198 of 2002
Sarat Chandra Padhi & .... Petitioners
others
Mr. A. Rath, Advocate
-Versus -
State of Odisha & Ors. .... Opposite Parties
Mr. N.K. Praharaj, Standing
Counsel for the State
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
31.08.2021
Order No.
1. This matter is taken up through hybrid mode.
2. Heard learned counsel for the parties.
3. The petitioners, who were appointed under work charged
establishment, have filed this writ petition seeking regularization of
their services from the dates they entered into their services and for
grant of consequential benefits as due and admissible to them in
accordance with law.
4. Mr. Rath, learned counsel for the petitioners vehemently
contended that the petitioners, those who were working in work
charged establishment from 1979 to 1988, claim for regularization
of service and for grant of all service benefits at par with the
benefits granted to similarly situated persons.
5. Mr. N.K. Praharaj, learned Standing Counsel for the State,
contended that since the petitioners are working in work charged
establishment, whatever the benefit available to them, that has been
granted. So far as regularization of their service is concerned, such
relief cannot be granted.
6. Considering the contentions raised by learned counsel for
the parties and after going through the records, it appears that
similarly situated persons had approached the Tribunal in O.A. No.
84 of 1987 (Mohan Singh and others vs. State of Orissa and others)
and batch, which was disposed of on 18.05.1990, wherein the
Tribunal directed that the petitioners therein be absorbed in
permanent employment of Government of Orissa against jobs
which they were doing, if necessary by creating posts. Their entire
period of service in Government of Orissa should be taken into
consideration for the purpose of their service benefits and
pension/pensionary benefits. Thereby, the Tribunal granted one
year time to take necessary for regularization. Said judgment of the
Tribunal was challenged by the State before the apex Court in
Special Leave to Appeal (Civil) No. 12410 of 1990, which was
rejected on 21.08.1991. Thereby, the order passed by the Tribunal
has been made confirmed and the petitioners therein have been
granted the benefits.
6. In course of hearing, Mr. Rath, learned counsel for the
petitioners submits that in view of the judgment of the tribunal,
which has been made confirmed by the apex Court, the petitioners
are entitled to be regularized and they should be granted all the
benefits. Therefore, they may be permitted to file a fresh
representation before the authority concerned highlighting their
grievances, within a period of two weeks, which may be considered
within a stipulated time.
7. Considering the limited grievance of the petitioners, this
Court disposes of this writ petition granting liberty to the petitioners
to file a fresh representation before the authority concerned
enclosing the judgments, which supports their case. If such
representation is filed, the authority shall consider the same and
pass appropriate orders in accordance with law within a period of
three months from the date of filing of such representation.
Needless to say that while considering the representation of the
petitioners, the authority shall consider the same in the light of the
judgment of the tribunal in O.A. No. 84 of 1987 (Mohan Singh and
others vs. State of Orissa and others) and batch, which was
disposed of on 18.05.1990, which has been made confirmed by the
apex Court in Special Leave to Appeal (Civil) No. 12410 of 1990,
annexed as Annexures -6 and 7 respectively.
8. Issue urgent certified copy as per rules.
(Dr. B.R. Sarangi)
Judge
A.K. Rana
