Orissa High Court
Gagan Swain vs State Of Odisha And Others on 13 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.30332 of 2023
Gagan Swain .... Petitioner
Mr. P.K.Mohapatra, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. Iswar Mohanty, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
Order No. ORDER
13.10.2023
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
as per Orissa Government Service Rules and regularize his service
by calculating five years 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 having stood in similar footing, he is entitled to
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grant all the benefits.
5. Learned Additional Standing Counsel for the State contended
that the Petitioner has already retired from service and he was
working as Khalasi. Referring to the judgment of the Hon'ble
Supreme Court in Uday Pratap Thakur and Anr. v. The State of
Bihar and Ors., reported in 2023 SCC Online SC 527, learned
Additional Standing Counsel submitted that the claim of the
Petitioner cannot sustain in the eye of law.
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.754 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 Annesxure-3.
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
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fresh representation within two weeks. In the event such a
representation is filed, the same shall be considered in accordance
with law. 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
Debasis
Signature Not Verified
Digitally Signed
Signed by: DEBASIS AECH
Designation: Secretary
Reason: Authentication
Location: OHC CUTTACK
Date: 17-Oct-2023 17:39:23
