N. MANI Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

(2.) The Petitioner has filed the above noted writ application with a prayer to direct the Opposite Parties to grant pension and other pensionary benefits to the Petitioner declaring him as a regular establishment employee quashing the letter dtd. 12/1/2011 issued by Opposite Party No.3 to the Petitioner under Annexure-5 following the ratio decided in the judgment passed by the learned Tribunal in O.A.No.70(B) of 1997 and the order passed by this Court in O.J.C.No.13552 of 1999 under Annexures-6 ad 7.

(3.) The factual matrix, in brief, is that the Petitioner had initially joined as Rigger under Opposite Party No.3 and brought to work charged establishment on 6/4/1981 and discharging his duties to the satisfaction of his authority. He was superannuated from service with effect from 31/3/2007. It is stated in the Petition that the Petitioner has filed O.A.No.1126(C) of 2010 before the learned Tribunal with a prayer to direct the opposite parties to consider his case for payment of pensionary benefits. The said original application was disposed of directing the Opposite Party No.3 to dispose of the representation of the Petitioner within a period of three months. It is also stated in the Petition that the Opposite Party No.3 rejected the representation of the Petitioner on the ground that the Petitioner had never brought over to regular establishment.