Shashidhar Sarpatia vs State Of Odisha &Others
2023 Latest Caselaw 6096 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.13789 of 2023

                 Shashidhar Sarpatia                    ....            Petitioner

                                                  Mr. P.K. Mohaptra, Advocate
                                            -versus-
                 State of Odisha &others               ....    Opposite Parties

                                                             Mr. S. Das, A.G.A.
                                     CORAM:
                            JUSTICE A.K. MOHAPATRA

                                            ORDER

Order No.                                  16.05.2023
    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. Recently, similar issue has been decided by the Hon'ble Supreme Court in SLP(C) No.7541 of 2020 vide order dated 30.10.2022; State of Odisha vrs. Sarbeswar Bhujabal confirming the order passed by this Court in W.P.(C) No.7380 of 2019 as well as the Tribunal in O.A. No.606 of 2015 vide Annexure-5.

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 // 3 //

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 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 and Sarbeswar Bhujabal, 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 and Sarbeswar Bhujabal 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

Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Secretary-in-Charge Reason: Authentication Location: OHC, CUTTACK Date: 18-May-2023 11:03:20