Orissa High Court
Union Of India And Others vs Pradipta Kumar Padhi .... Opp. Party on 4 August, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.16648 of 2025
Union of India and others .... Petitioners
Mr. Manoj Kumar Pati,
Senior Panel Counsel
-versus-
Pradipta Kumar Padhi .... Opp. Party
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S.S. MISHRA
Order No.
ORDER
04.08.2025
01. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard Mr. Manoj Kumar Pati, learned Senior
Panel Counsel appearing for the Union of India.
This writ petition has been filed by the Union of
India and others challenging the order dated
10.10.2024 passed by the learned Central
Administrative Tribunal, Cuttack Bench, Cuttack in
O.A. No.236 of 2019 under Annexure-1.
The opposite party Pradipta Kumar Padhi filed
the aforesaid Original Application, wherein he has
prayed for antedating his regularization w.e.f. the date
of his initial appointment has been rejected by the
petitioners. The prayer in the aforesaid Original
Application reads as follows:-
"a) To quash the order dated 29.09.2017
under Annexure A/13;
b) To direct the respondents to extend the
similar benefits as extended to others in
the matter of regularize their services
from the date of their initial appointment
for all purposes such as ACP, MACP etc. in
view of Hon'ble CAT, Bombay Bench
dt.02.04.2014 under annexure-A/11;
c) To direct the Respondents to grant him
all service and financial benefits
consequent upon granting him the past
service benefits for all purposes
retrospectively;
d) To pass any other order/orders as deem
fit and proper."
The case of the opposite party is that he was
appointed as LDC on temporary basis against
sanctioned post on 30.12.1991 and was subsequently
regularized w.e.f. 16.07.2004. His claim was for
regularization w.e.f. the date of initial appointment i.e.
30.12.1991 for all purposes.
In the impugned order, the learned Tribunal
concluded that a good number of similarly placed
employees approached the Tribunal in O.A. No.158 of
2019 (Tapan Kumar Pal -Vrs.- Union of India). On
consideration of the decisions of the various Courts,
the Tribunal allowed the O.A. on 10.04.2024 to quash
the order dated 29.09.2017 and directing the
petitioners to extend similar benefits as has been
granted to the similarly situated employees and
regularize the service of the applicant from the initial
date of joining and to grant all consequential benefits
for the purpose of ACP, MACP and pensionary
benefits.
The learned Tribunal relying upon
aforementioned judgments passed in O.A. No.158 of
2019 as well as O.A. No.328 of 2019 where the cases
of similarly situated employees were dealt with, came
to hold that there is no reason to defer from the view
already taken in the aforesaid two Original
Applications. Accordingly, the learned Tribunal has
been pleased to quash the order dated 29.09.2017 as
illegal and arbitrary and directed the petitioners to
extend similar benefits, which have been granted to
other similarly situated employees and to regularize
the service of the opposite party from his initial date
of joining and grant him all consequential benefits for
the purpose of ACP, MACP and pensionary benefits.
Learned counsel appearing for the petitioners
does not dispute that the petitioner in O.A. No.158 of
2019 as well as the petitioner in O.A. No.328 of 2019
are similarly situated persons.
It is also very clear that the orders passed in the
aforesaid two Original Applications have not been
challenged before this Court and has attained finality.
Therefore, we are of the view that the learned
Tribunal has not committed any illegality in passing
the impugned order and accordingly, the writ petition
being devoid of merits, stands dismissed.
Urgent certified copy of this order be granted on
proper application.
( S.K. Sahoo)
Judge
( S.S. Mishra)
Judge
RKM
Signed by: RABINDRA KUMAR MISHRA
Designation: Personal Assistant
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 05-Aug-2025 12:42:22
