Orissa High Court
Debadhi Charan Sahu vs Unknown on 7 February, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C)(O.A.) No.301 of 2010
Debadhi Charan Sahu .... Petitioner
Mr.Manas Pati, Advocate
-versus-
.... Opposite Parties
State of Orissa and others
Mr. R.N. Mishra, AGA for State
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
07.02.2022
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical Mode).
2. The present writ petition arises out of O.A. No.301 of 2010,
which was initially filed before the Orissa Administrative Tribunal,
Principal Bench, Bhubaneswar and subsequently on being
transferred the same has been re-registered as W.P.(C)(O.A.). The
present writ petition has been filed by the Petitioner claiming
regularization of his services and consequential service benefits
arising out of such regularization. However, in the meantime, the
Petitioner has already retired from service after attaining the age of
superannuation, therefore the relief sought for in the present writ
petition is confined to pensionary and monetary benefits accruing to
the Petitioner. Learned counsel for the Petitioner has relied upon two
orders of this Court in the case of Bandhua Gochhayat vs. State of
Odisha & others (WPC(OAC) No.864 of 2018, disposed of on
17.12.2021) and in the case of Laxmidhar Mahapatra vs. Principal
// 2 //
Secy. to Govt., Water Resources Deptt. & Ors. (in WPC(OA)
No.1490 of 2008, disposed of on 18.01.2022).
3. Mr. R.N.Mishra, learned Additional Government Advocate
for State submits that the judgment/order relied on by the Petitioner
are later development, i.e. prior to filing of the counter affidavit. He,
therefore, submits that the Petitioner may be asked to approach the
Appropriate Authority afresh with copies of the aforesaid
judgment/order passed by this Court, whereupon the Authority shall
consider the same in accordance with law.
4. Mr. Mishra relying on the counter affidavit further submits
that the Petitioner being a regular subscriber of EPF Scheme under
"EPF and MP Act, 1952" (as governed in Orissa Work Charged
Employees Appointment and Conditions of Service Instructions,
1974) is entitled to enjoy pensionary benefits under the Scheme
under "and in fact under 1974 instruction Gratuity amounting to
Rs.2,47,970/- has been disbursed to the Petitioner.
5. It is further clarified that this Court at this stage has not
expressed any opinion on the contentions raised by Mr. R.N. Mishra,
learned AGA. It is open to the Authorities to consider such aspect.
It is further submitted by learned counsel for the Petitioner that the
land of the Petitioner having been acquired for Rengali Dam Project
Phase-I, he was appointed as a work-charged employee in the very
same project as a land loser.
6. Having heard learned counsel for the parties, this Court
disposes of the writ petition with a direction to the Petitioner to
submit a fresh representation taking all the grounds available to him
in law along with copies of the judgment/order in the above two
// 3 //
cases. In the event the same are filed within a period of two weeks
hence, the Authority shall consider and dispose of the representation
of the Petitioner by passing a speaking and reasoned order within a
period of four weeks from the date of filing of the same. The
decision so taken on the representation of the Petitioner shall be
communicated to the Petitioner within a period of ten days
thereafter. It is further made clear that this Court has not expressed
any opinion on the merits of the case.
7. With the aforesaid direction, the writ petition stands
disposed of.
. 8. Issue urgent certified copy of this order on proper
application.
(A.K. Mohapatra)
Judge
U.K.Sahoo
