Orissa High Court
Naba Kishore Das vs State Of Odisha & Ors on 29 November, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC (OA) No. 177 of 2002
Naba Kishore Das .... Petitioner
Mr. Ajit. 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
29.11.2021
Order No.
1. This matter is taken up through hybrid mode.
2. Heard learned counsel for the parties.
3. The petitioner, who was appointed under work charged
establishment, has filed this writ petition seeking regularization of
his services from the date he entered into service and for grant of
consequential benefits as due and admissible to him in accordance
with law.
4. Learned counsel for the petitioner vehemently contended
that the petitioner, who was working in the work charged
establishment from 1963 claims 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 petitioner is working in work charged
establishment, whatever the benefit available to him, that has been
granted. So far as regularization of his 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.
7. In course of hearing, learned counsel for the petitioner
submits that in view of the judgment of the tribunal, which has been
made confirmed by the apex Court, the petitioner is entitled to be
regularized and he should be granted all the benefits. Therefore, he
may be permitted to file a fresh representation before the authority
concerned highlighting his grievances, within a period of two
weeks hence, which may be considered within a stipulated time.
8. Considering the limited grievance of the petitioner, this
Court disposes of this writ petition granting liberty to the petitioner
to file a fresh representation before the authority concerned
enclosing the judgments, which supports his 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
petitioner, 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-8 and 9 respectively.
Issue urgent certified copy as per rules.
(Dr. B.R. Sarangi)
Judge
GDS
