Orissa High Court
Tuni Barik vs ) State Of Odisha ..... Opposite Parties on 20 March, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.7637 of 2025
Tuni Barik ..... Petitioner
Represented By Adv. -
Prafulla Kumar
Mohapatra
-versus-
1) State Of Odisha ..... Opposite Parties
2) Engr In Chief, Water Resources Represented By Adv. -
3) Chief Engr, Minor Irrigation, Bbsr Ms. B.K.Sahoo, A.G.A.
4) Addl. Chief Engr, Central Minor
Irrigation Circle
5) Supdt. Engr, Mi Div., Khurda
6) Accountant General(a And E) ,
Bbsr
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
20.03.2025
Order No.
01. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner as well as learned
Additional Government Advocate.
3. The Petitioner has filed this writ petition seeking direction to
Opposite Parties to give all benefit to her against the post of Khalasi
as per Orissa Government Service Rules and regularize the service of
her husband by calculating five years of continuous service as work
charged employee and give her 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 husband of the Petitioner having stood in similar footing, the
Petitioner is entitled to grant all the benefits.
5. Learned Additional Government Advocate for the State
contended that the Petitioner's husband has already expired and he
was working as Work Charged Khalasi. He further contended 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. Apart from that 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
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 her 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.
( Aditya Kumar Mohapatra )
Judge
Rubi
Location: High Court of Orissa, Cuttack
