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2022 Supreme(Ori) 234

SASHIKANTA MISHRA
Judhistir Padhy – Appellant
Versus
State of Orissa – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Subrat Mishra, R.K. Pradhan, G.C. Mohanty.
For the Respondent: H.K. Panigrahi.

JUDGMENT :

SASHIKANTA MISHRA, J.

1. The sole point that arises for consideration in this case is whether a job contract worker, whose services have been brought over to the regular establishment, is entitled to pension by taking into account the entire period of service rendered by him in the job contract establishment.

2. The facts of the case are that the petitioner was engaged as General Mohorior Grade-I in job contract establishment under the control of Deputy Director, Consolidation, Berhampur (opposite party no. 4) on 27.09.1997. After rendering service for 28 years 6 months and 7 days as such he was brought over to the regular establishment on 04.04.2006 and appointed as Junior Clerk in the office of Sub-Collector, Bhanjanagar. The petitioner retired from Government Service on 31.05.2012 upon attaining the age of superannuation. Though he was granted provisional pension, the same was calculated considering the period of service in the regular establishment only, i.e. from 04.04.2006 till 31.05.2012. His entire service in the job contract establishment was not taken into consideration. Challenging such erroneous calculation of pension, the petitioner had filed the O.A. before th

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