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Orissa High CourtWP(C)/22508/2010disposed off

Ghurudu Bhutia v. State And ORS.

2022-06-28Dr. Justice B.R.Sarangi,Mr. Justice Sanjay Kumar Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 22508 of 2010 Ghurudu Bhutia .....

Petitioner Mr. G.K. Nanda, Adv Vs.

State of Orissa and others .....

Opposite Parties Mr. A.K. Mishra, AGA

CORAM:

DR. JUSTICE B.R. SARANGI MR JUSTICE S.K. MISHRA

ORDER

28.06.2022 Order No.

04.

This matter is taken up by hybrid mode.

2.

The Petitioner, who is working as work-charged employee, has filed this Writ Petition claiming pensionary benefits as due and admissible to him in accordance with law. But the same was denied, vide order dated 23.10.2009, in O.A. No. 1263 of 2007 by the Orissa Administrative Tribunal, Bhubaneswar Bench, Bhubaneswar.

3.

Mr. G.K. Nanda, learned Counsel for the Petitioner contended that similar matter had come up for consideration before this Court in the case of State of Odisha v. Kasidev Maharana (W.P.(C) No. 7246 of 2016), which was dismissed, vide order dated 08.01.2018 confirming the order passed by the Tribunal. Against the order passed by this Court, the State preferred SLP No. 23207 of 2018, which was also dismissed vide order dated 30.07.2018. Thus, it is contended that this Writ Petition may be disposed of in terms of the order dated 08.01.2018 passed by this Court in Kasidev Maharana (supra), which has been affirmed by the apex Court vide order dated 30.07.2018. 4.

Mr. A.K. Mishra, learned Addl. Government Advocate does not dispute the aforesaid position.

5.

Having heard learned counsel for the parties and after going through the records, this Court, while setting aside the order dated 23.10.2009 passed by the Orissa Administrative Tribunal, Bhubaneswar Bench, Bhubaneswar in O.A. No. 1263 of 2007 so far it relates to the petitioner, disposed of the Writ Petition in terms of the order dated 08.01.2018 passed by this Court in Kasidev Maharana (supra), which has been affirmed by the apex Court vide order dated 30.07.2018.

Issue urgent certified copy as per Rules.

Ashok/PCD (DR. B.R. SARANGI) JUDGE (S.K. MISHRA) JUDGE