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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Debadhi Charan Sahu – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner's employment background and claim history. (Para 2 , 3) |
| 2. opposition's argument on petitioner's claim eligibility. (Para 4) |
| 3. court's findings on the petitioner's claim for regularization. (Para 5) |
JUDGMENT :
Biraja Prasanna Satapathy, J.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. The present Writ Petition has been filed inter alia challenging the claim of the Petitioner to treat him as a regular employee and thereby extending him with the benefit of pension as provided under OCS (Pension) Rules, 1992. Such claim of the Petitioner was rejected vide order dt.29.06.2022 under Annexure-9 by Opp. Party No.1.
3. It is the case of the Petitioner that Petitioner on being sponsored by the Employment Exchange and after facing the required interview was appointed as an Amin in the Work Charged Establishment vide order of appointment issued on 19.09.1979 under Annexure-1. Petitioner joined in the work charged establishment in terms of the order issued under Annexure-1 on 19.09.1979 itself.
3.1. It is contended that even though Petitioner continued in the work charged establishment w.e.f 19.09.1979, but at no point of time, Petitio
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.
Employee claims for pension must be considered in light of prior judicial rulings on regularization, asserting rights after prolonged service without due process.
Inaction by the State in not regularizing long-serving employees cannot deprive them of valid pension benefits under existing rules, irrespective of completed qualifying service requirements.
State delays in regularizing services do not justify withholding pension benefits for long-serving employees; equal treatment and fair engagement practices must be upheld.
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....
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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