STATE OF ODISHA Vs. SRI SAILENDRA NARAYAN RAY

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India has been filed by the State Government through its Commissioner-cum-Secretary to Government, Water Resources Department, Bhubaneswar wherein the order dated 10.12.2013 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. No. 1448 of 2010 is under challenge whereby and where under the authorities have been directed to disburse the pension and other retiral dues as admissible to the applicant/opposite party no. 1 from the date of his retirement on 30.11.2003 till the date of his death on 22.3.2011 and thereafter, family pension be disbursed in favour of the legal heirs of the applicant/opposite party no. 1 from the date of his death.

(2.) The brief fact of the case is that the applicant/opposite party no. 1, who was earlier working as a Khalasi in Prachi Division, Bhubaneswar, brought over to work charged establishment on 1.11.1973. He was provisionally brought over to regular (wages) establishment as Khalasi against vacancies arising due to retirement and death of the regular incumbents, had filed an Original Application with a prayer to quash the orders dated 29.3.2006 and 3.9.2010 whereby and whereunder the representation of the applicant/opposite party no. 1 was rejected by the authorities denying the disbursement of pension and other retiral benefits in his favour.

(3.) The case of the petitioners-State is that the applicant/opposite party no. 1 while working as work charged Khalasi, became surplus, retrenched from service and again reengaged and joined on 17.12.1985 as Class-III work charged employee and while working there, he retired from service. The applicant/opposite party no.1, who was in no more an employee of Central Irrigation Circle, Bhubaneswar after his relief from the said Circular on 16.12.1985, the Superintending Engineer, Central Irrigation Circle, Bhubaneswar, passed office order dated 4.11.1989 whereby the applicant/opposite party no.1 was absorbed provisionally in the regular (wages) post of Khalasi against vacancies arising due to retirement and death of the regular incumbents and 1? year after his retirement, he was finally brought over to regular (wages) establishment in the post of Khalasi w.e.f. 4.11.1989, i.e., from the date of issue of the provisional order, vide order dated 4.4.2005 and as such, by that date, i.e., 4.4.2005 the applicant/opposite party no.1 had already retired from his service as Radiographer in the work charged establishment w.e.f. 30.11.2003, hence he is not entitled to get the pension benefits.