Orissa High Court
Kailash Chandra Guru vs State Of Odisha & Ors. ..... Opposite ... on 14 May, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.27925 of 2024
Kailash Chandra Guru ..... Petitioner
Represented By Adv. -
Mr. Bipin Kumar Nayak
-versus-
State Of Odisha & Ors. ..... Opposite Parties
Represented By Adv. -
Mr. D. Lenka, A.G.A.
Mr. S.K. Patra, Standing
Counsel for O.P. No.3
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
14.05.2025
Order No.
02. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner, learned Additional
Standing Counsel appearing for the State-Opposite Parties, and
learned Standing Counsel appearing for the Opposite Party No.3-
Accountant General (A&E), Odisha, Bhubaneswar.
3. The Petitioner has filed the present writ application 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. Mr. Nayak, 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 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. Additionally, learned counsel for the Petitioner submits that
in W.P.(C) No.21611 of 2011, All Orissa Settlement and
Consolidation Non-Gazetted Technical Officers Association,
Dhenkanal approached this Court challenging the order passed in
O.A.No.3665 (C) of 2001 dated 10.03.2011 by the Orissa
Administrative Tribunal, Cuttack Bench, Cuttack. This Court after
hearing learned counsel for the respective parties by taking into
consideration the order passed in T.A.No.11 of 1993 dated
21.10.1994 in the other related matters including the judgment in
(Nityananda Biswal v.-State of Orissa and others) came to a
conclusion that the position of law is well settled and nothing
remains to be decided in that case. Accordingly, order passed by
the Tribunal is set aside and accordingly the Opposite Parties were
directed to extend all such benefits to all the members of the
Petitioners association in terms of the direction given by the
Court. The said order dated 19.04.2022 passed by the Division
Bench in W.P.(C) No.21611 of 2011 was assailed before the
Hon'ble Supreme Court by the State of Orissa by filing SLP
(Civil) Diary No.(s) 36299/2022. The Hon'ble Supreme Court
after hearing the learned counsel for the State-appellant was
pleased to dismiss the SLP. Therefore, the order passed by the
Division Bench in W.P.(C) 21611 of 2022 has attained finality.
7. Considering such submission, this Court disposes of the
writ petition permitting the Petitioner to make a fresh
representation taking therein all the grounds along with the
relevant documents before the Opposite Party No.1 within a
period of two weeks from today and in such event the
representation filed by the Petitioner, the Opposite Party No.1
shall do well to consider the same in terms of the legal analysis
made hereinabove and the representation shall be disposed of by
passing a speaking and reasoned order within a period of two
months from the date of filing such representation. Further, it is
directed that in the event it is found that the Petitioner is entitled
to the benefits as claimed by him, then necessary follow up steps
be taken for sanction and disbursal of such benefits in favour of
the Petitioner within six weeks from the date of taking such
decision. Any decision taken on such representation be
communicated to the Petitioner within ten days thereafter.
8. With the aforesaid observations/ directions, the writ
application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 14-May-2025 17:04:34
