Orissa High Court
Bharat Chandra Barik vs State Of Odisha And Others on 19 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.11666 of 2023
Bharat Chandra Barik Petitioner
....
Mr.Sanjib Mohanty, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr.I.Mohanty, A.S.C.
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
Order No. 19.04.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as the
learned Additional Standing Counsel. Perused the Writ Petition as
well as the documents annexed thereto.
3. The Writ Petition has been filed with the following prayer:
"Under such circumstances, it is humbly prayed that
this Hon'ble Court may kindly be pleased to admit the case
and issue notice to the Opposite parties to file their show
cause as to why the case of the Petitioner shall not be allowed
and after hearing the parties, the case of the Petitioner be
allowed.
And direction be given to the Opposite party No.1 & 2
to count the entire NMR service period of the Petitioner as
qualifying service towards pension & pensionary benefit.
And the Petitioner be given pension along with arrear pension
// 2 //
and the arrear to that effect be paid to the Petitioner along
with interest within a stipulated period.
And/ or pass any other orders which deem fit and
proper for adjudication of the case."
4. Learned counsel for the Petitioner relying upon the decision
of the Orissa Administrative Tribunal, Cuttack Bench in
O.A.No.2405 of 2009 disposed of vide order dated 16.11.2010
submitted that an identical scenario the Tribunal has granted the
benefit of considering the past service for the purpose of calculation
of minimum period required to become eligible for pensionary
benefit by taking into consideration the shortfall period only from the
service rendered as NMR before regularization. It is further
submitted by the learned counsel for the Petitioner that the order
passed by the Tribunal has been affirmed by this Court in W.P.(C)
No.29353 of 2011 vide order dated 10.01.2012. Thereafter review
was preferred bearing RVWPET No.244 of 2012 and the said review
was also disposed of vide order dated08.10.2012. Thereafter the
State assailed the order passed by the Tribunal affirmed by this Court
preferred SLP© No.4911-4912/2013 vide order dated 29.08.2017 the
SLP was dismissed. Therefore, the order passed in Sarat Chandra
Das case has attained finality. After confirmation of the order passed
in Sarat Chandra Das case by the Hon'ble Supreme Court the State
Government has already granted the benefit to Sarat Chandra Das.
IN such view of the matter, learned counsel for the Petitioner submits
that the Petitioner's case be considered by the law laid down by the
Tribunal as affirmed by this Court as well as Hon'ble Supreme Court
and extend such benefit in favour of the Petitioner.
5. Learned Additional Standing Counsel on the other hand
submits that in view of Rule 18(6) of OCS (Pension) Rules as well as
// 3 //
the order of the Tribunal in Sarat Chandra Das' case if the Petitioner
is entitled to, then the authority may be directed to consider the case
of the Petitioner and take a decision in accordance with law, within a
stipulated period of time and he will have no objection to the same.
6. Having heard learned counsel for the parties, the Petitioner is
directed to approach Opposite Party No. 3 by filing a representation
within a period of three weeks from today taking all the grounds
available to him along with supporting documents. In the event such
a representation is filed, same shall be considered in accordance with
law as well as in the light of the judgment referred to herein above
and a decision be taken by the Opposite Party No. 3 jointly within a
period of two months from the date of production of certified copy of
this order.
7. With the aforesaid observation, the Writ Petition stands
disposed of.
8. Issue urgent certified copy of this order as per Rules.
(A.K. Mohapatra)
Judge
Anil
