Kishore Chandra Jena vs State Of Odisha & Others .... Opposite ...
2024 Latest Caselaw 1926 Ori

Orissa High Court

Kishore Chandra Jena vs State Of Odisha & Others .... Opposite ... on 31 January, 2024

Author: A.K. Mohapatra

Bench: A.K. Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   W.P.(C) No.1970 of 2024
                 Kishore Chandra Jena                      ....              Petitioner
                                                              Mr. B.K.Nayak, Advocate
                                             -versus-
                 State of Odisha & others                  ....      Opposite Parties
                                                                   Mr. A.P.Das, A.G.A.
                                                        Mr.S.K.Patra, Standing Counsel
                                                                        for A.G.Odisha

                                          CORAM:

                           JUSTICE A.K. MOHAPATRA
                                           ORDER

Order No.                                 31.01.2024
    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 Government Advocate for the State-Opposite Parties. Perused the Writ Petition as well as the documents annexed thereto.

3. The Petitioner has filed this writ petition 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 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 // 2 //

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. Considering the submissions made, this Court deems it proper to dispose of the Writ Petition at the stage of admission by granting liberty to the Petitioner to approach the Opposite Party No.1 by filing a representation taking therein all the grounds including all supporting documents within a period of two weeks from today. In such event the Opposite Party No.1 is directed to consider the same strictly in // 3 //

accordance with law in the light of the aforesaid analysis of legal position and take a final decision within a period of two months from the date of communication of certified copy of this order. It is needless to mention here that the representation of the Petitioner shall be disposed of by Opposite Party No.1 by passing a speaking and reasoned order. The decision so taken be communicated to the Petitioner within two weeks from the date of taking such decision. It is directed that in the event the Petitioner is covered by the principle discussed herein above, the opposite Party No.1 shall take prompt steps for sanction and disburse the benefit as is due and admissible to the Petitioner.

7. With the aforesaid observations/ directions, the writ application stands disposed of.

8. Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge Anil

Designation: Junior Stenographer

Location: High Court of Orissa Date: 03-Feb-2024 17:04:04