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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Pramod Kumar Nath – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of the writ petition. (Para 1 , 2) |
| 2. petitioner's contentions regarding pension entitlement. (Para 3) |
| 3. respondent's arguments against petitioner's claim. (Para 4) |
| 4. petitioner's acceptance of minimum pension offer. (Para 5) |
| 5. court's reasoning and ordering of minimum pension. (Para 6) |
| 6. final disposal of the writ petition. (Para 7) |
JUDGMENT :
Biraja Prasanna Satapathy, J.
1. Heard Mr. P.K. Panda, learned counsel appearing for the petitioner, Mr. C.K. Pradhan, learned Addl. Govt. Advocate for the State and Mr. S.K. Patra, learned cousnel appearing for Opp. Party No.4.
2. The present Writ Petition has been filed inter alia with the following prayer: -
“It is therefore prayed under the aforesaid facts and circumstances of the case, this Hon'ble Court Your Lordships may kindly be graciously pleased to issue the notice of show cause asking the opp. parties as to why the prayer of the petitioner to quash/set-aside the order of rejection dtd.05/08/2022 (Annexure-1) passed by the opp. party no-2 shall not be allowed.
And this Hon'ble Court may further be pleased to direct the opp. parties to pay the pensionary benefits of the petitioner w.e.f 14/03/1991 as
The court held that employees regularized despite not formally joining are still entitled to pensionary benefits, emphasizing fairness in public employment rights.
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.
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 ....
Employee claims for pension must be considered in light of prior judicial rulings on regularization, asserting rights after prolonged service without due process.
Engagement on a daily wage basis does not entitle an individual to reinstatement or regularization.
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....
Continuous and uninterrupted service of temporary employees qualifies them for regularisation, as upheld by apex court judgments emphasizing fairness in employment practices.
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