LAWS(ORI)-2012-3-41

DUSASAN BISWAL Vs. STATE OF ORISSA

Decided On March 21, 2012
Dusasan Biswal Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) THE applicant has approached this Tribunal for a direction to the respondents to regularize his services as a Job -Contract employee in the Consolidation Department in order to enable him to get pension and other retiral benefits.

(2.) THE case of the applicant as revealed in the original application is as follows: The applicant was initially appointed as Grade -III Amin by the Deputy Director, Consolidation and Holdings under job -contract establishment, Cuttack and was posted at Chharipur vide appointment order dtd. 7.8.1976 at Annexure -1, In the year 1980 the applicant was promoted to the rank of Grade -II Amin and thereafter to the rank of Grade -I Amin in 1983. Accordingly, his pay was revised. But his pay was not refixed as per the ORSP Rules, 1998, Because of some wrong entries in his service record, he was superseded by some other employees junior to him and such juniors were regularized and have availed of the benefit admissible to regular employees, Taking into consideration the plight of the employees working in the Job -contract establishment, the Govt. of Orissa framed a scheme for gradual absorption of such employees against regular posts in order to enable them to get pension and other retiral benefits. But the benefits of this scheme was not extended to the applicant. His repeated representations in the matter fell on deaf ears.

(3.) I have heard the learned counsel for the applicant and the learned Govt. Advocates, In a decision of a Two -Member Bench of this Tribunal in O.A. No. 1549 of 1998 disposed of on 22.8.2007, this Tribunal held as follows: