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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Biraj Kumar Pattnaik – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge to pension denial (Para 3 , 4) |
| 2. counterarguments on regularization (Para 5) |
| 3. court's support for petitioner's claim (Para 6) |
| 4. writ petition disposed (Para 7) |
ORDER :
1. This matter is taken up through hybrid mode.
2. Heard Mr. N. Rath, learned counsel appearing for the Petitioner and Mr. A. Tripathy, learned Addl. Govt. Advocate appearing for the Opp. Parties.
3. The present writ petition has been filed inter alia challenging order dtd.10.01.2023 so passed by the Govt.-Opp. Party No. 1 under Annexure-4. Vide the said order claim of the Petitioner to get the benefit of pension and other pensionary benefits on his regularization in service was rejected.
4. Learned counsel appearing for the Petitioner contended that Petitioner was engaged as a Khalasi in the work charged establishment on 02.02.1974. Subsequently, Petitioner was promoted to the post of Dozer Operator Grade-III in the work charged establishment and while continuing as such, he retired on
31.01.2014 on attaining the age of superannuation.
4.1. It is contended that even though prior to his superannuation on 31.01.2014 Petitioner had moved the Tribunal by filing O.A. No.
1443 of 2013 seeking regular
The court ruled that work charged employees, having served continuously in similar positions, are entitled to pension benefits despite not being parties in previous relevant cases, ensuring equitable....
Employee claims for pension must be considered in light of prior judicial rulings on regularization, asserting rights after prolonged service without due process.
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 th....
Long-serving work charged employees have a right to regularization and pensionary benefits, and the government cannot deny these rights after decades of service based on claims of irregular appointme....
The court ruled that a long-term employee in a Work Charged Establishment is eligible for regularization and pension benefits if similar past claims were upheld, despite prior procedural lapses.
The main legal point established is that work charged employees, who meet certain criteria, are entitled to regularization and pensionary benefits as per relevant resolutions and previous court decis....
The court held that employees regularized despite not formally joining are still entitled to pensionary benefits, emphasizing fairness in public employment rights.
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