Y.Srinivasa Rao v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) Nos.16064,15932,16065,16066,16067&16069 of 2022 Y. Srinivasa Rao ....

Petitioner -versusState of Odisha & Others ....

Opp. Parties COROM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

29.08.2022

4. 1.

This matter is taken up through Hybrid Mode.

Order No 2.

Heard learned counsel for the parties.

3.

The Writ Petition involves the following prayer:- "To direct the opp. parties to bring the petitioner to regular establishment and to extend benefits as admissible under law within a stipulated time."

4.

In course of argument, it is not disputed by both sides that several similar matters having been disposed of by the Tribunal and such order being challenged in High Court have come to be confirmed by this Court. As a matter of example, learned counsel for the petitioner produces two copies of the orders of this court passed in O.J.C. No.12017 of 2000 and W.P.(C ) No.27950 of 2019 disclosing therein two Division Bench at different points of time have come to confirm the direction of the Tribunal making even a person in retired while continuing in Work-Charge Establishment entitled to pensionary benefit even taking into consideration the resolution of the Government. There is no denial to such development.

// 2 // 5.

Undisputedly present Petitioner is still working in Work Charge Establishment. Considering the position of law involving the issue being settled in the High Court even involving superannuated employees, this Court in disposal of the Writ Petition direct the competent authority to bring the petitioner to the regular Establishment considering that he has already completed five years of service in Work-Charge Department and make him entitled to the benefit under the Circular dated 6.3.1990. Entire action by the Competent Authority to bring the petitioner under regular Establishment will be completed within a period of three months from the date of communication of this order.

6.

With the above direction, the Writ Petitions stand disposed of.

7.

The photocopy of this order be placed in the connected cases..

(Biraja Prasanna Satapathy) Judge sangita