The entitlement of work charged employees to pensionary benefits is determined by the relevant pension rules and memorandums, and the State's failure to comply with court directions and misleading the Court is deprecated.

JUDGMENT

1. This matter is taken up through video conferencing.

2. Heard learned counsel for the parties.

3. By way of this Writ Petition, the petitioner has challenged the order dated 11.06.2009 passed by the learned State Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.1513 (C )of 2009. The petitioner has further prayed for a direction to the opposite parties to release the pension, gratuity and retrial benefits to the petitioner.

4. This writ petition was disposed of on 24.1.2014 with a direction as follows:-

'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 the end of March, 2014 and further the monthly payment of pension shall be made to the petitioner regularly thereafter.'

5. However, the above order was challenged by the StateOpposite parties in Civil Appeal No.10690 of 2017 and the Hon'ble Supreme Court vide its judgment dated 1.4.2019 remitted back the same to this Court for deciding the case afresh on merits within a period of six months and the matter was reheard.

6. It appears that such an issue was earlier before this Court in W.P.(C) No.8666 of 2004. In the said writ application the petitioner, who was a work charged employee had also challenged the order dated 04.08.2003 passed by Odisha Administrative Tribunal, Cuttack in O.A. No. 2782 (C) of 1997, wherein the Tribunal instead of giving any direction towards pensionary benefits directed the authorities to prepare proper scheme and consider the case of the petitioner for regularization and other consequential benefits.

7. The said writ application was disposed of on 06.05.2004. In paragraph-4 of the said order, it has been observed as follows:-

'In respect of work charged establishment the Government of Orissa vide Finance Department Office Memorandum No.5483/F dated 6th March, 1990 decided that consequent upon absorption of work charged employees in the corresponding post created in regular establishment, the period of service rendered by him in work charged establishment, shall count towards pensionary benefits under the Orissa Pension Rules, 1977 subject to the condition that the employees so absorbed should have served continuously for a minimum period of five years in the work charged establishment. This decision was not followed by the subordinate authorities. Thus, the fate of the work charged employees who rendered a quite good years of service remained in dark. xxx xxx xxx.'

Accordingly the said writ application was allowed and direction was given to absorb the petitioner in any establishment post from the time he completed five years continuous service till the date he retired from service and thereafter his pension and other pensionary benefits shall be granted on the basis of notional fixation of pay in regular establishment as has been granted to the applicants in O.A. No. 622 of 1999 and other cases as reflected in the said order of this Court. The order passed by this Court, was confirmed by the Apex Court in Civil Appeal No. 5575 of 2007 dated 22.07.2015.

8. Such was the issue in case of one Narusu Pradhan, a work charged employee, wherein after the order passed by the Hon'ble Apex Court in S.L.P No. 22498 of 2012, the authorities passed an office order on 08.05.2013 by creating supernumerary post, regularized his service for the purpose of sanctioning pension.

9. This Court had also occasion to deal with this issue again in W.P.(C) No. 1534 of 2008, i.e. in the case of State of Orissa and others v. Jyostna Rani Patnaik and others, wherein direction of the Tribunal to regularize the service of the applicant's husband by way of creating a supernumerary post, if necessary from the time he had completed 5 years