Hemalata Das And Others vs State Of Odisha And Others
2022 Latest Caselaw 2672 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                              W.P (C) No. 6537 of 2018

Hemalata Das and others                 .....                                 Petitioners
                                                                    Mr. S. Behera, Adv.
                                        Vs.
State of Odisha and others              .....                           Opposite Parties
                                                                        State Counsel
              CORAM:
                  DR. JUSTICE B.R. SARANGI
                  MISS JUSTICE SAVITRI RATHO

                                               ORDER

18.05.2022 Order No. This matter is taken up through hybrid mode.

18.

2. Heard learned counsel for the parties.

3. The petitioners have filed this writ petition seeking to quash the judgment dated 09.02.2015 passed by the Odisha Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 396 (C) of 2005 under Annexure-9, and to issue direction to the opposite parties to brought over the husband of the petitioner no.1 into regular establishment after completion of five years in view of the Government resolution dated 13.07.1978 under Annexure-8. They further seek direction to the opposite parties to pay the pensionary benefits of the husband of the petitioner no.1 w.e.f. 01.08.2000 till 04.10.2006 and DCRG along with interest and thereafter to pay the current family pension to the petitioners forthwith.

4. It is agreed by learned counsel for the parties that the issue involved in this case is analogous to W.P.(C) No. 8931 of 2011 (Dhruba Charan Biswal v. State of Odisha and others), which has been disposed of vide order dated 11.03.2022 by this Court.

5. Therefore, in view of the detailed reasons stated in the order dated 11.03.2022 passed in W.P.(C) No. 8931 of 2011 (Dhruba Charan Biswal v. State of Odisha and others), this writ petition stands disposed of in terms of the said order.

6. Accordingly, the order dated 09.02.2015 passed by the Odisha Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 396 (C) of 2005 under Annexure-9 is hereby quashed and the opposite parties are directed to extend the benefit of regularization in favour husband of petitioner no.1 in terms of the judgment passed in the cases of State of Orissa v. Jyostna Rani Pattnaik and others (W.P.(C) No. 1534 of 2008 disposed of on 19.12.2016) and Abhaya Charan Mohanty v. State of Odisha and others (WPC (OAC) No. 3494 of 2013 disposed of on 14.07.2021), within a period of four months from the date of communication of this order.

Issue urgent certified copy as per rules.

                                                         (DR. B.R. SARANGI)
                                                               JUDGE



Ashok/Bichi                                                (SAVITRI RATHO)
                                                               JUDGE