Orissa High Court
Kailash Chandra Panda vs State Of Odisha & Ors. ..... Opposite ... on 17 February, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.4677 of 2025
Kailash Chandra Panda ..... Petitioner
Represented By Adv. -
Prafulla Kumar
Mohapatra
-versus-
State Of Odisha & Ors. ..... Opposite Parties
Represented By Adv. -
S.Jena, A.S.C.
S.K.Patra, Standing
Counsel for A.G., Odisha
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
17.02.2025
Order No.
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 appearing for the State-Opposite Parties
and Mr.S.K.Patra, learned Standing Counsel for Accountant General
(A&E), Odisha. Perused the writ petition as well as documents
annexed thereto.
3. The present writ petition has been filed by the Petitioner with
the following prayers:-
"It is prayed, therefore that this Hon'ble Court
may graciously be pleased to;
i) Direct the Opp.Parties to regularize him in
service for a day prior to his superannuation and
grant pension and pensionary benefits under the
OCS(Pension) Rules, 1992 taking into account his
initial appointment as has been given to similarly
situated persons in the light of the decision in the
case of Narusu Pradhan, O.A.No.1189(C) of
2006, which has been affirmed in W.P.(C)
No.5377/2010 and Special Leave to Appeal
(Civil) CC No.SLP No.22498/2012, State of
Odisha vrs. Pitambar Sahoo, W.P.(C)
No.24041/2017 (decided on 20.12.2017), which
has been affirmed in SLP(C) Diary
No.30806/2018 and Chandra Nandi v. state of
Odisha and others, W.P.(C) No.19550 of 2011
(decided on 03.02.2021), which has been affirmed
in Special Leave to Appeal No.21180/2021 and
Sarbeswar Bhujabal v. State of Orissa and others,
O.A.No.606/2015. Which has been affirmed in
W.P.(C) No. 7680/2019 and Special Leave to
Appeal No.7541/2020 and State of Orissa and
others vrs. Jyostna Rani Patnaik and others,
W.P.(C) No.1534/2008, State of Orissa vrs.
Pitambar Mohapatra, W.P.(C) No.13483/2012
and State of Orissa vrs. Radhjeshyam Mohanta,
W.P.(c) No.12377/2009, which has been affirmed
in SLP(C) No.36038/2010 and thereby quash the
order dated 20.12.2024 vide Annexure-5 as it is
illegal and not in consonance with the principles
decided in the above cases;
ii) Pass such other order/direction(s) as would be
deem fit and proper.
4. Learned counsel for the Petitioner submitted that the present
Petitioner was initially engaged as NMR on 16.08.1984. While
working as such, the present Petitioner was brought over to the
work charged establishment to the post of Mate on 20.04.2010 vide
Office Order No.01 dated 20.04.2010 of the Executive Engineer,
Minor Irrigation Division, Keonjhar. Thereafter, the Petitioner has
retired from service w.e.f. 28.02.2017 on attaining the age of
superannuation. Now he Petitioner has approached this Court
challenging the order dated 20.12.2024 under Annexure-5 whereby
his claim for grant of pension has been rejected by the Opposite
Parties.
5. Learned counsel for the Petitioner further contended that
earlier the Petitioner had approached this Court by filing W.P.(C)
No.97 of 2024. This Court disposed of the said writ petition vide
order dated 15.02.2024 by directing the Opposite Parties to consider
the case of the Petitioner in the light of the law laid down by the
Odisha Administrative Tribunal in Sarbeswar Bhujabal vs. State of
Odisha & Ors. (O.A. No.606 of 2015 decided on 05.07.2018). He
further contended that in the case of Sarbeswar Bhujabal, who
stands in a similar footing with the Petitioner, after passing of the
order by the Tribunal, he has been extended the pensionary benefits
under Annexure-8 series of the writ petition. So far the present
Petitioner is concerned, his representation was considered pursuant to
the order dated 15.02.2024 passed by this Court in W.P.(C) No.97 of
2024, however the same has been rejected vide order dated
20.12.2024 under Annexure-5 to the writ petition by the Opposite
Party No.1 holding that the Petitioner was not a regular employee.
Therefore, he is not entitled to the pensionary benefits.
6. Learned Additional Standing Counsel, on the other hand,
supported the impugned rejection order dated 20.12.2024 under
Annexure-5 to the writ petition. He further contended that the
authorities have not committed any illegality in rejecting the claim of
the Petitioner. Further it was submitted that pursuant to the order
dated 15.02.2024 in the earlier writ petition, the case of the Petitioner
was considered by the Opposite Parties and by a detailed and
speaking order, the claim of the Petitioner has been rejected by the
authorities by holding that the Petitioner is not entitled to get similar
benefits as has been granted to Sarbeswar Bhujabal. The impugned
rejection order further reveals that since the Petitioner was a Work
Charged Mate, his service was governed under the Orissa Work
Charged Employees (Appointment and Conditions of Service)
Instruction, 1974. In such view of the matter, learned Additional
Standing Counsel submitted that the Petitioner is covered by the
aforesaid instruction of the year 1974. Therefore, his case cannot be
considered under the OCS (Pension) Rules, 1992. Accordingly, it
was prayed that the writ petition be dismissed as the same is devoid
of merit.
7. Having heard the learned counsels appearing for the respective
parties and on a careful examination of the background facts of the
present case, as well as the materials on record, this Court observes
that the only question that is required to be adjudicated in the present
writ petition is with regard to entitlement of the Petitioner to get
pensionary benefits after retirement from service. In the event this
Court comes to a conclusion that the Petitioner is entitled to the
pensionary benefit, the Petitioner will be eligible to get the pension.
The aforesaid issue, as it appears, is no more res integra. The same
has been adjudicated by this Court repeatedly on a number of
occasions. Apart from the judgment in Sarbeswar Bhujabal's case
(supra), similar issue was decided in Khageswar Jena v. State of
Odisha and Ors. (W.P.(C) No.29993 of 2022 disposed of on
18.11.2022) and such order passed by this Court has already been
confirmed by the Division Bench of this Court in writ appeal bearing
W.A. No.301 of 2023 vide order dated 06.11.2023. Similar view has
also been taken in many similar matters like in Sri Narsingh
Choudhury v. State of Odisha and others (W.P.(C) No.31366 of
2023, in Pradip Kumar Sahu v. State of Odisha and others (W.P.(C)
No.28909 of 2023). All the aforesaid employees belong to the very
same department except Narsingh Choudhury.
8. In view of the aforesaid legal position, this Court has no
hesitation in setting aside the impugned order vide No.35003/WR
dated 20.12.2024 under Annexure-5 to the writ petition. Accordingly,
the same is hereby set aside. Further the matter is remanded back to
the Opposite Party No.1 to consider the case of regularisation of
service of the Petitioner in regular establishment for grant of
pensionary benefits by taking into consideration so much of the
service period of the Petitioner so as to calculate the minimum
qualifying service period for grant of pensionary benefits from
NMR and work charged NMR period of the Petitioner. Accordingly,
minimum pensionary benefits be calculated as is due and admissible
to the present Petitioner on the basis of the last pay drawn by him.
Further, it is directed that in the event similarly situated employees,
one of whom being Sarbeswar Bhujabal has been given such
pensionary benefits, then the case of the Petitioner also be considered
and the Petitioner shall be paid the minimum pension as is due and
admissible to him within a period of two months from the date of
communication of a certified copy of this order by the Petitioner.
9. With the aforesaid observation and direction, the writ petition
is disposed of.
( A.K. Mohapatra)
Judge
Anil
Digitally Signed Page 5 of 5.
Signed by: ANIL KUMAR
SAHOO
Reason: Authentication
Location: High Court of
Orissa
Date: 18-Feb-2025 11:25:16
