Debendra Kandi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C)(OA) No.550 of 2017 Debendra Kandi ....

Petitioner -versusState of Odisha & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

8.09.2022

01. 1. This matter is taken up through Hybrid Arrangement Order No (Virtual/Physical) Mode.

2. Heard learned counsel for the Petitioner as well as well learned counsel appearing for the State-Opp. Parties.

3. The petitioner has filed this writ petition seeking direction to opposite parties to allow pension to the petitioner after regularizing his service after completion of 5 years of service in work charged establishment or at least one day with all consequential benefits along with 12% interest.

4. Mr. Patra, learned counsel for the petitioner contended that similarly situated persons had approached the Orissa Administrative Tribunal in O.A. No. 1513 (C) of 2009 and OA No. 2348 (C) of 2009, which was disposed of on 11.06.2009 and 18.06.2018 respectively. Challenging the said orders, State has preferred W.P.(C) No. 27950 of 2019 and W.P.(C) No. 19550 of 2011, which was disposed of on 03.02.2021 confirming the orders passed by the Tribunal. Thereby, there is a direction from this Court that the petitioner therein should be treated to have been regularized in

// 2 // service at least one day prior to his superannuation, by creating supernumerary post, if necessary and accordingly, he shall be extended with the pensionary benefits as would be admissible to him. It is contended that in view of the orders passed by this Court, the petitioner being on the same footing, is entitled to get the benefit of the said order. Accordingly, this writ petition may be disposed of in the light of the order dated 03.02.2021 passed by this Court as the said order has not been challenged before the apex Court till date.

5. Considering the limited nature of grievance of the petitioner, this writ petition is disposed of directing the opposite parties to consider the grievance of the petitioner in the light of the orders passed in W.P.(C) No.27950 of 2019 and W.P.(C) No.19550 of 2011, disposed of on 03.02.2021 and also in the light of orders dated 16.11.1999 & 27.08.2021 and pass appropriate order in accordance with law and extend the benefits to the petitioner, if he is otherwise eligible pursuant to said order as expeditiously as possible within a period of four months from the date of communication of this order.

6. With the above observation and direction, the writ petition stands disposed of.

7. Issue urgent certified copy as per rules.

(Biraja Prasanna Satapathy) Judge Subrat