BANDHUA GOCHHAYAT Vs. STATE OF ODISHA

JUDGEMENT

(1.) The present application has been re-registered as WPC(OAC) No.864 of 2018 on transfer of O.A. No.864 of 2018 from the learned Odisha Administrative Tribunal, Odisha, Cuttack Bench, Cuttack to this court after abolition of the OAT.

(2.) The Petitioner has filed the above noted application with a prayer to direct the Opposite Parties to bring the service of the Petitioner under regular establishment prior to his retirement on 30/4/2017 and sanction the minimum pension in his favour along with other pensionary benefits and the arrear outstanding pensionary benefits along with interest within a stipulated period of time.

(3.) The factual matrix, in brief, is that the Petitioner had joined as N.M.R. on 2/4/1986. On 23/9/2009, the Petitioner was given appointment to the post of 'Khalasi' under work charged establishment instead of regular establishment. In course of his employment, the Petitioner had submitted several representations to the authorities to bring him over to the regular establishment but the grievance of the Petitioner remained unheard by the authorities till the date of his retirement on 30/4/2017. The Petitioner has, therefore, stated that it is due to the sheer negligence and latches on the part of the authorities he was not given appointment in regular establishment. Since at the time of retirement, the service of the Petitioner was not regularized, he has been denied pensionary and other retiral benefits by his employer, which is illegal, arbitrary and discriminatory.