JUDGMENT :

B.R. SARANGI, J.

The Petitioner, by means of this writ petition, seeks modification of the order dated 14.03.2018 at Annexure-15 passed by the Odisha Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.1116 (C) of 2011 and batch to the extent that the Petitioner, being a senior employee of the Rengali Irrigation Project, Samal, is entitled to the benefit of Work-charged establishment w.e.f. 02.09.1993 instead of 06.09.2003.

2. The factual matrix of the case, in brief, is that the Petitioner, being a “fully displaced person” of the Rengali Irrigation Project, Samal, was engaged by the Government as NMR employee on 01.10.1983. At the time of his engagement, two sets of employees were engaged by the Government in the same Project, one group was “partly affected persons” and the other was “fully displaced persons”, to which group the Petitioner belonged. Opposite Party No.4, being a “partly affected person”, was engaged as NMR on 01.11.1983. Total 1628 NMR employees were engaged, out of whom 1224 employees, who were partly affected, demanded regularization of their services. Since their request for regularization was not acceded to, the said employees approached the Odisha Administrative Tribunal, Cuttack Bench, Cuttack, by filing O.A. Nos. 1560(C) of 1993, 1553(C) of 1993, 1562(C) of 1993, 1570(C) of 1993, 1651 (C) of 1993 & 1781(C) of 1993, which were disposed of vide order dated 02.06.1995 with a direction to bring them to the Work-charged establishment w.e.f. 02.09.1993. Challenging the order dated 02.06.1995 passed by the Tribunal in O.A. No.1553(C) of 1993, the State preferred SLP (C) No.5526-5531 of 1996 before the apex Court, which was dismissed on 26.03.1999. As a consequence thereof, the Government of Orissa, Water Resources Department implemented the order dated 02.06.1995 passed by the Tribunal by way of bringing them to the Work-charged establishment w.e.f. 02.09.1993 with all consequential benefits.

2.1. Thereafter, O.A. Nos.2313 (C) of 1993 and 2738(C) of 1993 were filed before the Tribunal by 68 “fully displaced NMR employees”, including the present Petitioner, for regularization of their services, which were disposed of in Lok Adalat, vide order dated 17.04.1999, for consideration of their cases for regularization in terms of Finance Department Resolution dated 15.05.1997. The Government of Orissa, Water Resources Department, instead of regularizing their services, directed the EIC, Water Resources Department to bring those 68 “fully displaced NMR employees” to the Work-charged establishment on the ground that they were senior to 1224 “partly affected NMR employees”. As a consequence thereof, the Government of Orissa, Water Resources Department passed order on 06.09.2003 bringing those 68 senior (fully displaced) NMR employees of the Rengali Irrigation Project, Samal, including the present Petitioner, over to the Work-charged establishment w.e.f. 06.09.2003 instead of 02.09.1993.

2.2. Aggrieved by the said Order dated 06.09.2003, those 68 senior NMR employees, along with the present Petitioner, filed their grievance petition before the authorities with a prayer to bring them to the Work-charged establishment w.e.f. 02.09.1993, the date from which their counterparts have got the benefit. Opposite Parties No.2 & 3 recommended their case on 16.09.2005 and 12.01.2006 to the Government with a view that their claim was genuine and justified. But the same having not found favoured with by the Government, the Petitioner approached the Tribunal by filing O.A. No.1523(C) of 2006 with a prayer to bring him to the Work-charged establishment w.e.f. 02.09.1993, the date from which his counterparts got the benefit and the Tribunal, vide order dated 12.07.2006, disposed of the said O.A. directing the Opposite Parties to consider the case of the Petitioner within a period of six months from the date of receipt of the copy of the Order. But Opposite Party No.1 rejected the claim of the Petitioner on 11.01.2007 on the g