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IN THE HIGH COURT OF ORISSA AT CUTTACK
MANASH RANJAN PATHAK, SIBO SANKAR MISHRA
Himadri Sekhar Mohanty – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. legality of retirement and pension claims. (Para 1 , 3 , 4 , 5 , 9) |
| 2. petitioner's service record and promotions. (Para 6 , 7 , 8) |
| 3. arguments regarding pension eligibility. (Para 10 , 11 , 12 , 13) |
| 4. judicial observations on service regularity. (Para 14 , 15 , 16 , 17 , 18) |
| 5. precedent and equitable treatment. (Para 19 , 20) |
| 6. court's final ruling on benefits. (Para 21) |
| 7. conclusion of the writ petition. (Para 22) |
JUDGMENT :
1. The present Writ Petition has been filed by the Petitioner, calling in question the legality and propriety of the decision communicated to him vide District Court Letter No. 5208 dated 01.08.2025, whereby his claim for release of retiral and pensionary benefits has been rejected on the cryptic and unreasoned ground of “no merit”.
3. The facts giving rise to the present writ petition are that the petitioner, Himadri Sekhar Mohanty, was initially appointed as a Junior Clerk under the Office of the District Judge, Balasore, vide Order No. 143 dated 04.07.1986 and was posted as Leave Reserve Clerk in the Court of the Sub-Judge, Balasore. Subsequently, the said recruitment process was declared irregular and, as a consequence thereof, the services
Pensionary benefits cannot be denied based on conditions rendered impossible due to governmental inaction; continuous service and promotions warrant recognition of entitlement.
The denial of pensionary benefits based on non-appearance in recruitment tests is unjustified when the candidate was age-barred and confirmed in service.
The court ruled that arbitrary rejection of absorption applications based on age and literacy violates constitutional rights, mandating equal treatment for similarly situated employees.
where the appointment is temporary or irregular in any manner, reversion should be carried out within a reasonable period and, therefore, reversion of the appellant therein from the post of District ....
Uninterrupted service, regardless of initial temporary status, qualifies for pension benefits under the Old Pension Scheme, and administrative delays in regularization cannot deprive employees of the....
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