SARAT CHANDRA MISHA Vs. STATE OF ODISHA

JUDGEMENT

(1.) By filing the present writ petition, the Petitioner calls in question the validity, legality and propriety of Office order dtd. 9/12/2021 under Annexure-8 to the writ petition. The Petitioner has also prayed for issuance of writ of mandamus thereby directing the Opposite Parties, particularly the Opposite Party No.2, to immediately regularize the service of the Petitioner from the date prior to his date of retirement w.e.f. 31/1/2022 by taking into consideration the policy decision of the Government vide Resolution dtd. 22/1/1965 under Annexure-9 and Resolution dtd. 15/5/1997 under Annexure-2 and letter dtd. 27/5/2014 under Annexure-3. Further, keeping in view the vacancy position, obtained by the Petitioner on an application under the Right to Information Act, which was intimated to the Petitioner vide letter dtd. 22/9/2020 under Annexure-5, so also the Resolutions of the Government in respect of the Regular Wage Establishment, regularize the Petitioner in service at least for a day prior to the date of his retirement and, accordingly, the pensionary benefits, as is due and admissible to the Petitioner, be sanctioned and disbursed in favour of the Petitioner within a stipulated period of time.

(2.) The factual background of the case leading to filing of the present writ petition, bereft of an unnecessary details, is that the Petitioner joined as an NMR in the office of the Executive Engineer, Stores and Mechanical Division, Samal in the year 1981. Thereafter he was transferred to Head Works Division, Samal where he was ultimately posted and worked in the said division. While working as such, the Petitioner was brought over to the work charged establishment on 2/9/1993 and, accordingly, the Petitioner joined in the post of Store Assistant. While continuing as a Store Assistant, the post of Store Assistant was re-designated as Store Clerk w.e.f. 25/3/2009. Since the Petitioner was working under the Government, a regular service book was opened in favour of the Petitioner, indicating therein the date of his entry into the work charged establishment under Annexure-1 to the writ petition, i.e. from 2/9/1993.

(3.) While working in the Government establishment as a work charged employee, the Petitioner was extended with all service benefits at par with the regular employee including the benefit of differential pay revision. The Petitioner was also granted with the benefit of 7th Pay Revision as per Finance Department Resolution dated 7. 09.2017 w.e.f. 1/1/2016. However, the Petitioner has been denied the regular pensionary benefit in accordance with Rule-18 of the O.C.S. (Pension) Rules, 1992.