Laxmikanta Sen v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No.1476 of 2014 Laxmikanta Sen ....

Petitioner(s) Mr. S. Mallik, Advocate -versusState of Odisha ....

Opposite Parties Mr. S. Mishra, Addl. Standing Counsel

CORAM:

JUSTICE BISWANATH RATH

ORDER

12.07.2022 Order No.

1.

1.

By way of this application the Petitioner has claimed following relief:- "Relief(s) sought:- In view of the facts mentions in Para 6 above, the applicant prays for the following relief(s):- (I) Direct/hold that the applicant is entitled to pension after his retirement and his entire period of service shall be counted for pension;

(II) Direct order that the applicant shall be paid equal to his counterpart person retired from government service with effect from his date of retirement with admissible interest on arrears of pension.

(III) Pass such other order(s)/ direction(s) as may be deemed fit and proper in the bonafide interest of justice."

2.

By producing a copy of the subsequent communication of the Government of Odisha in its appropriate Department in Court

// 2 // today, Mr. Mallik, learned counsel for the Petitioner contended that there has been extension of benefit of regularization to the case of Job Contract employees retired in between 16.07.1996 to 15.03.2005. Even though a counter has been filed objecting the claim of the Petitioner, this Court finds, the Petitioner's claim involved herein should be considered taking into account the subsequent Government Communication No.35277 dated 19.12.2015. In the process this Court directs the Opposite Party No.1 to consider the grievance of the Petitioner involved herein and take a lawful decision in the matter however keeping in view the communication of the Government of Odisha as indicated hereinabove, by completing the entire exercise within a period of two months from the date of communication of a copy of this order by the Petitioner. Financial benefit, if any, shall be released in favour of the Petitioner within a period of fifteen days thereafter. 3.

The WPC(OAC) stands disposed of with the above order. (Biswanath Rath) Judge Ayaskanta Jena