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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Kailash Chandra Panda – Appellant
Versus
State Of Odisha – Respondent
JUDGMENT :
Biraja Prasanna Satapathy, J.
1. This matter is taken up through Hybrid Mode.
2. Heard learned counsel appearing for the parties.
3. Since the issue involved in both the cases is identical, both the matters were heard analogously and disposed of by the present common order.
4. Both the Writ Petitions have been filed inter alia seeking a direction on the Opp. Parties to extend the benefit of pension and other pensionary benefits, in terms of the provisions contained under OCS (Pension) `Rules 1992.
5. It is the case of the Petitioners that Petitioners were engaged as NMR prior to the cut-off date i.e. 12.04.1993 so prescribed by the Finance Department in its resolution dt.15.05.1997.
5.1. It is contended that though the Petitioners were engaged and allowed to continue as NMR/DLR prior to 12.04.1993, but in terms of the resolution issued by the Finance Department on 15.05.1997, Petitioners were never absorbed in the regular establishment. Not only that, in terms of the decision of the Hon’ble Apex Court in the case of Secretary, State of Karnataka and Others Vs. Uma Devi Others , (2006) 4 SCC-1, no step was also taken to absorb the Petitioners in the regular establishment. Stipu
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 held that employees regularized despite not formally joining are still entitled to pensionary benefits, emphasizing fairness in public employment rights.
Employees serving over ten years without unlawful intervention are entitled to pension benefits, even if prior appointments were irregular. Bureaucratic failure to regularize should not impede legal ....
The court ruled that employees employed for lengthy periods cannot be denied regularization of service, emphasizing principles of fairness and equality under the Constitution.
Prior service as work-charged employees must be counted towards qualifying service for pension, ensuring compliance with principles of fairness and non-discrimination.
The court ruled that employees engaged continuously for over ten years are entitled to regularization, regardless of irregular appointment status, reaffirming precedents from the Supreme Court highli....
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