Orissa High Court
Basanti Mishra vs State Of Odisha And Others on 13 October, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC (OA) No. 3901 of 2017
Basanti Mishra ..... Petitioner
Mr. S. Mohanty, Advocate
Vs.
State of Odisha and others ..... Opposite parties
State Counsel
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
13.10.2022
Order No. This matter is taken up through hybrid mode.
01 2. Heard.
3. The petitioner has filed this writ petition seeking to quash the order
dated 14.07.2017 passed by the opposite party no.1 and to direct the
opposite parties to count the past service of the petitioner rendered in the
Job-Contract Establishment for the purpose of pension and pensionary
benefit within a stipulated period.
4. Learned counsel for the petitioner contended that similar matter had
come up before this Court in O.J.C. No. 2405 of 1985 and after constitution
of the Odisha Administrative Tribunal the same was transferred to the
Tribunal and registered as T.A. No. 11 of 1993. The said case was disposed
of on 21.10.1994 by the learned Tribunal by following the decisions of the
Apex Court and by giving direction to the competent authority to count the
past service rendered by the petitioner in Job Contract Establishment
towards pension and pensionary benefit and after such orders were passed,
pension of the petitioner was directed to be calculated, drawn and disbursed
in his favour within two months from the date of receipt of the copy of the
judgment. The order passed in T.A. No. 11 of 1993 was challenged before
the Apex Court by the State, which was dismissed vide order dated
17.07.1995.
5. It is further contended that similar matter had also come up before
this Court in O.J.C. No. 2147 of 1991, which was decided on 24.03.1992
and this Court has considered the case of Job Contract employees for
regularization of service and for pension and pensionary benefits. In O.A.
No. 3020 (C) of 2003 (Nityananda Biswal v. State of Orissa and others),
the Tribunal vide order dated 04.01.2004 also directed that the period of the
engagement of the petitioner in job contract establishment should be taken
into account as qualifying service and accordingly his pension and other
pensionary benefits be revised and paid to the petitioner therein. The order
passed in O.A. No. 3020 (C) of 2003 was also challenged by the State before
this Court in W.P.(C) No. 14244 of 2006. This Court vide order dated
09.04.2014 dismissed the writ application preferred by the state against the
order passed by the Tribunal. The state also preferred Special Leave to
Appeal (C) CC No. 12573 of 2015 against the order passed by this Court in
W.P.(C) No. 14244 of 2006, which was dismissed by the apex Court vide
order dated 13.07.2015.
6. In view of the above settled position of law, nothing remains to be
reconsidered by this Court. Therefore, this Court quashes the order dated
14.07.2017 passed by Opposite party No.1 vide Anenxure-11 and directs the
opposite parties to extend all such benefits in favour of the petitioner in
terms of the directions given by the Courts as mentioned above, as
expeditiously as possible, preferably within a period of three months from
the date of communication of the certified copy of the order.
7. With the above observation/direction, the writ petition stands
disposed of.
8. Issue urgent certified copy as per rules.
Ashok (DR. B.R. SARANGI, J.)
