Orissa High Court
Godabarish Samantasinghar vs State Of Odisha And Others on 31 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.23141 of 2023
Godabarish Samantasinghar .... Petitioner
Mr. P.K. Mohapatra, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. Saswat Das, A.G.A.
Mr.S.K.Patra, Standing Counsel
for A.G.Odisha
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 31.07.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the petitioner as well as learned
counsel for the State. Perused the writ petition as well as documents
annexed thereto.
3. The present writ petition has been filed by the petitioner with the
following prayers:
" Under the aforesaid facts and circumstances, it is
humbly prayed that this Hon'ble Court may graciously be
pleased :-
i) Direct the Opp.Parties to extend the benefit of
minimum pension in favour of the Petitioner from
the date of his entitlement by adding so much of his
job contract service period towards qualifying
service in regular establishment taking into account
the Resolution dated 12.12.1997 and the
compliance of the order so passed in
// 2 //
O.A.No.3248(C) of 1997 vide Annexures-10 and
11, since the Petitioner is regularised while working
in the Job Contract establishment on 01.10.1977
and continued till 13.01.1984 in terms of the
decision and Govt. order vide Annexure-12,13 and
14 and arrear pension as due and admissible may be
calculated and release the same in favour of the
Petitioner and thereby quashing the order dated
03.09.2018 vide Annexure-8 as the same is illegal
and not in consonance with fact and law;
ii) Pass such other order(s)/direction(s) as would deem
fit and proper;"
4. It is submitted by learned counsel for the petitioner that although
grievance was made vide representation dated 21.12.2015 under
Annexure-5 before the Secretary to Government of Orissa, Revenue &
Disaster Management Department, Bhubaneswar-Opposite Party No.1
the same has not been considered in terms of the decision vide
Annexure-12 as well as he benefits given to others vide Annexure-14.
5. Considering the submissions made, the limited nature of
grievance of the petitioner, this Court disposes of the writ petition at the
stage of admission by directing the Petitioner to file a fresh
representation before the Secretary to Government of Odisha, Revenue
& Disaster Management Department, Bhubaneswar-Opposite Party
No.1, who shall consider the representation of the Petitioner taking
into account Annexues-9,10, & 11 as well as the fact that the similarly
situated persons like that of the Petitioner vide Annexure-11 and 14
have already been extended with such benefits. In the event Petitioner
is on similar footing with the persons vide Annexure-12 and 14 who
have been extended with such benefits, the Opposite Parties shall
consider the same and extend such benefit to the petitioner in
accordance with law within a period of six weeks from the date of
production of certified copy of this order. It is needless to mention here
// 3 //
that the representation of the petitioner shall be considered keeping in
view the judgment of this Court in Rajalaxmi Ranasingh in
WPC(OAC) No.2677 of 2008 and Dharanidhar Rath in OJC No.13471
of 2001 and disposed of by passing a speaking and reasoned order.
Any decision so taken on the said representation shall be
communicated to the petitioner within a period of two weeks thereafter.
6. With the aforesaid observation/direction, the writ petition is
disposed of.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra )
Judge
RKS
Signature Not Verified
Digitally Signed
Signed by: RAMESH KUMAR SINGH
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 01-Aug-2023 17:41:42
