ORDER :

24.01.2014 - Heard.

The petitioner approached the learned Orissa Administrative Tribunal seeking pension and gratuity. The learned Tribunal, though directed for payment of gratuity to the petitioner, but however, failed to issue any direction for grant of any pension to the petitioner.

On considering the finding of the learned Tribunal, we are of the considered view that the learned Tribunal has failed to exercise its jurisdiction in issuing any direction with regard to grant of pension to the petitioner.

Learned counsel for the State, on the contrary, submits that in order to be eligible to receive minimum pension, the petitioner should have been regularized at least one day prior to his superannuation. We find that failure to regularize him as a part of inaction on the part of the State.

We, therefore, direct that the petitioner should be treated to have been regularized in service at least one day prior to his superannuation notionally and we further direct that calculating his entitlements, his pension amount shall be fixed by the opposite parties - State, in accordance with the rules and the arrear pension of the petitioner so calculated shall be paid to the petitioner by t