The denial of pensionary benefits based on non-appearance in recruitment tests is unjustified when the candidate was age-barred and confirmed in service.

JUDGMENT :

1. The Petitioner in this Writ Petition prays for a direction to set aside the Order No.247 dated 17^th August, 2022 (Annexure-8) passed by learned District and Sessions Judge, Bhadrak whereby pensionary benefits to the Petitioner have been denied.

2. Mr. Mukherjee, learned Senior Advocate appearing for the Petitioner submits that the Petitioner was appointed as a Junior Clerk in Balasore- Bhadrak Judgeship vide Order dated 4^th July,1986 (Annexure-1). But, the selection process by which the Petitioner was selected held to be irregular and all candidates including the Petitioner were terminated from service. To ameliorate problems faced by the terminated employees, the Government of Odisha in the Department of General Administration vide Letter No.9197 dated 30^th March, 1991 (Annexure-3) brought out a circular for regularization of the irregular recruitees setting out certain conditions. The conditions set out thereunder are as under;

“(i) Recruits should have put in at least one year continuous service in one or more spells in the same office;

(ii) Two chances should be given to them to appear in the next two consecutive recruitment examinations;

(iii) Condonation of age may be done by the Collector, both for appearing in the examination and for appointment and;

(iv) Details of such appointments should be furnished to the Collector/Head of Department/and to the concerned administrative department.”

3. Pursuant to the Letter/Circular under Annexure-3, one terminated employee, namely, Chitaranjan Mohapatra of Balasore Judgeship filed a O.J.C. No.7468 of 1992 and pursuant to the direction therein he was provisionally reinstated as Junior Clerk in the Office of the District Judge, Balasore subject to his coming out successful in either of the next two consecutive recruitment examinations. The Petitioner along with another, namely, Himadri Sekhar Mohanty were reinstated as Junior Clerks in the Judgeship of Balasore-Bhadrak upon considering a representation made by them and taking into consideration the Order of this Court passed in O.J.C. No.7468 of 1992 disposed of on 15^th January,1993 filed by said Chitaranjan Mohapatra. The Petitioner in course of his employment was promoted to the rank of Sheristadar in the District Court of Bhadrak. He was also confirmed in service vide Office Order No.157 dated 19^th October, 2019 (w.e.f. 21^st May, 2011)(Annexure-6). His work was also reviewed twice once at the age of 50 and another at the age of 55 years and the Petitioner was allowed to continue in service till the date of his superannuation, i.e., till 31^st May, 2022 (Annexure-7). However, the Petitioner was denied pensionary benefits vide the impugned order under Annexure-8 on the ground that, he did not come out successful in recruitment tests as per the condition stipulated under Annexure-3. Hence, finding no other alternative, the Petitioner has filed this writ petition.

4. Counter Affidavit has been filed stating inter alia that the recruitment tests were being conducted on regular basis and the Petitioner did not appear in any of such recruitment examinations. The plea of the Petitioner with regard to non-relaxation of age to appear in the recruitment tests is an afterthought.

4.1 It is further stated inter alia that the claim of the Petitioner equating him with Sri Chitaranjan Mohapatra is not tenable as, he stood in a different footing. Mere working for a long period without having cleared the recruitment process makes the appointment of the Petitioner irregular. Hence, he is not entitled to pensionary benefits. The Petitioner also filed a rejoinder denying such allegations.

4.2. Mr. Panda, learned AGA