Orissa High Court
Rathi Charan Kisan vs State Of Odisha &Others on 9 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.13779 of 2023
Rathi Charan Kisan .... Petitioner
Mr. P.K. Mohaptra, Advocate
-versus-
State of Odisha &others .... Opposite Parties
Mr. T. Pattanaik, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 09.05.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
Additional Standing Counsel.
3. The Petitioner has filed this writ petition seeking direction to
Opposite Parties to give all benefit to him against the post of Khalasi
(Wages) as per Orissa Government Service Rules and counting his
service by calculating entire of continuous service as work charged
employee and give him all service benefits on that basis including
pensionary benefit immediately within a stipulated period.
4. Mr.Mohapatra, learned counsel for the Petitioner contended
that similar benefit has been extended to one Narusu Pradhan. As
such, the Petitioner who also stand in similar footing with Narsu
Pradhan is entitled to all such benefits as has been given to above
// 2 //
named person.
5. Learned Additional Standing Counsel for the State contended
that the Petitioner has already retired from service and he was
working as Khalasi (Wages). He further contended that the claim of
the Petitioner cannot be sustained in the eye of law as well as the law
laid down by Hon'ble Supreme Court in Uday Pratap Thakur and
another vrs. State of Bihar in Civil Appeal No.3156 of 2023.
6. It is contended that one Narusu Pradhan, a similar
circumstanced person like the Petitioner had filed O.A.No.1189(C)
of 2006 praying for retiral benefits. The Tribunal allowed the retiral
pensionary benefits in his favour vide order dated 11.06.2009, which
was challenged by the State before this Court in W.P.(C) No.5377 of
2010. This Court dismissed the writ petition on 19.12.2011 and
confirmed the order passed by the Tribunal. Thereafter against the
order passed by this Court, the State has preferred SLP in Civil
Appeal No.22498 of 2012, the same was also dismissed on
07.01.2013.
7. In that view of the matter, the relief claimed by the Petitioner
is fully covered by the judgment of the Tribunal passed in the case of
Narusu Pradhan, which has been confirmed by this Court as well as
the apex Court. In view of the aforesaid facts and circumstances, the
Petitioner is directed to approach the Opposite Party No.1 by filing a
fresh representation within two weeks. In the event such a
representation is filed, the same shall be considered in accordance
with law keeping in view the judgment of Hon'ble Supreme Court in
the case of Uday Pratap Thakur and another vrs. State of Bihar
and others in Civil Appeal No.3155 of 2023 @ SLP(C) No.10653 of
// 3 //
2018, Binod Kumar Das and others vrs. State of Bibar and others
in Civil Appeal No.3156 of 2023, Ganga Prasad Singh and others
vrs. State of Bihar and others in Civil Appeal No.3157 of 2023 @
SLP(C) No.7215 of 2019 and Civil Appeal Nos.3158-3159 of 2023
@ SLP(C) Nos.8734-8735 of 2023 (@ Diary No.28954 of 2020).
Further, the Opposite Party No.1 shall do well to examine whether
the Petitioner's case is covered by the decision of this Court rendered
in the case of Narusu Pradhan, which has been affirmed by the
Hon'ble Supreme Court. In the event, the authority comes to the
conclusion that the Petitioner is entitled to the relief as has been
claimed by him then the benefit extended in favour of Narusu
Pradhan be also extended in favour of the Petitioner within a period
of six weeks from the date of taking such a decision.
8. Let the entire exercise be carried out within a period of three
months.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra )
Judge
Jagabandhu
JAGABAND Digitally signed by
JAGABANDHU BEHERA
HU BEHERA 20:00:57 +05'30'
Date: 2023.05.09
