Orissa High Court
Gangadhar Nayak vs State Of Odisha & Others on 15 November, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.36352 of 2023
Gangadhar Nayak .... Petitioner
Mr. S. Mohanty, Advocate
-versus-
State of Odisha & others .... Opposite Parties
Mr. P.K. Muduli, A.G.A.
Mr. S.K. Patra, Standing Counsel
for O.P.No.6
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 15.11.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner and learned Additional
Government Advocate and learned Standing Counsel appearing for the
Opposite Party No.6- Accountant General (A&E), Odisha,
Bhubaneswar.
3. The Petitioner has filed the present writ application seeking
direction to the Opposite Parties to count his past service 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
has 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
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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 has 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 Vs.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. Additionally, learned counsel for the Petitioner submits that
W.P.(C) No.21611 of 2011 (All Orissa Settlement and Consolidation
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Non-Gazetted Technical Officers Association, Dhenkanal approached
this Court challenging the order passed in O.A.No.3665 (C) of 2001
dated 10.03.2011 by the Orissa Administrative Tribunal, Cuttack
Bench, Cuttack. This Court after hearing learned counsel for the
respective parties by taking into consideration the order passed in
T.A.No.11 of 1993 dated 21.10.1994 in the other related matters
including the judgment in (Nityananda Biswal v.-State of Orissa and
others) came to a conclusion that the position of law is well settled and
nothing remains to be decided in that case. Accordingly, order passed
by the Tribunal is set aside and accordingly the Opposite Parties were
directed to extend all such benefits to all the members of the Petitioners
association in terms of the direction given by the Court. The said order
dated 19.04.2022 passed by the Division Bench in W.P.(C) No.21611 of
2011 was assailed before the Hon'ble Supreme Court by the State of
Orissa by filing SLP (Civil) Diary No.(s) 36299/2022. The Hon'ble
Supreme Court after hearing the learned counsel for the State-appellant
was pleased to dismiss the SLP. Therefore, the order passed by the
Division Bench in W.P.(C) 21611 of 2022 has attained finality.
7. Learned counsel for the petitioner further drawing attention of
this Court to a writ appeal in the matter of State of Odisha and another
vs. Prananatha Das & others in W.A. No.1136 of 2022 submitted
before this Court that the Division Bench of this Court vide order dated
12.10.2023 has been pleased to dismiss the writ appeal and accordingly
similar benefits be extended to the similarly situated persons has
attained finality.
8. In view of the aforesaid factual as well as legal position and
keeping in view the submission made by the learned counsel for the
Petitioner as well as the factual background of the present case, this
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Court deems it proper to dispose of the writ application at the stage of
admission by granting liberty to the Petitioner to approach the Opposite
Party No.1 by filing a detailed representation along with a certified
copy of this order within two weeks from today. In the event, the
Opposite Party No.1 comes to a conclusion that the present petitioner
stands in a similar footing with the Petitioners in the connected matters
as well as the Petitioners in W.A. No.1136 of 2022, then the similar
benefits which have been extended to such employees, who are the
Petitioners in the contended matters, be also extended in favour of the
Petitioner within two months from the date of communication of a
certified copy of this order.
9. With the aforesaid observation/direction, the writ petition stands
disposed of.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra )
Judge
Anil
Signature Not Verified
Digitally Signed
Signed by: ANIL KUMAR SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 16-Nov-2023 10:38:32
