Chittaranjan Dash, J.

1. Heard Mr. Tripathy, learned counsel for the Petitioner and Mr. Mohanty, the learned Additional Government Advocate.

2. By means of this application, the Petitioner seeks to quash the order dated 18.08.2023 passed by this Court through the Registrar (Judicial) while considering the representation of the Petitioner pursuant to the direction issued by this Court in W.P.(C) No.13254 of 2018.

3. The background facts of the case are that the Petitioner had appeared in the interview for engagement as Daily Wage Mulias in the year 1999. A select list of 31 candidates was published on

28.06.1999, along with a waiting list of 9 candidates which also enlisted the Petitioner, as per Annexure-2. Subsequently, a list of empanelled Daily Wage Mulias was prepared where the name of the Petitioner was placed along with 27 other existing empanelled Mulias. Thereafter, upon creation of Class-IV posts, 19 persons of the said empanelment were appointed against different posts vide Office Order No. III-A-40/92-431 (Annexure-3) dated 17.01.2003, in which the Petitioner was not selected. The Petitioner was appointed as Faras in the regular cadre in the Court’s establishment on 06.03.2006 vide Office Order No. III-A-40/92-95-1839 (Annexure-6) from which his service period is counted.

4. The Petitioner claims that he is similarly situated at par with the Mulias taken on regular role with effect from 17.01.2003 is covered under the provisions of OCS (Pension) Rule, 1992 as well as General Provident Fund (Orissa) Rules, 1938 even though his appointment was with effect from 06.03.2006. It is further case of the Petitioner that he has been brought under the provision of notification issued on 17.09.2005 wherein the OCS (Pension) Rule, 1992 was amended and was also the amendment to the provision of General Provident Fund (Orissa) Amendment Rule, 2007 under Annexure - 7 and 8. According to the Petitioner, since the persons similarly situated in empanelment who got appointed for the permanent role of this Court with effect from 17.01.2003 are covered under the provisions of the said Pension Rule.

5. The Petitioner respectfully submitted that pursuant to the order dated 16.03.2005 number of persons appointed as Junior Stenographers in the Court’s establishment have been brought within the ambit of the provision of OCS (Pension) Rule, 1992 as well as General Provident Fund (Orissa) Rules, 1938 even after joining on 02.04.2005 i.e. the amended provision of the OCS (Pension) Rules 1992 and as such the Petitioner having been empaneled as Daily wage Mulia with effect from 28.06.1999 were shown below the persons in the said panel list against Sl. No. 13 & 15 to 20 and were given regular appointment with effect from 17.01.2003 under Annexure-3.

According to the Petitioner, had those candidates not included at Sl. No.13 & 15 to 20 the Petitioner would have been appointed with effect from the year 2003 and would have been within the provision of OCS (Pension) Rules, 1992 and GPF (Orissa) Rules, 1938. It is the further case of the Petitioner, that the benefit of the said provision be extended to him in view of the order passed by this Court in W.P.(C) No.15433 of 2012 and batch as well as W.P.(C) No.23073 of 2015 as otherwise he is deprived of his legitimate right. According to the Petitioner, the Court through the Registrar (Judicial) while considering his representation did not take into account the ratio of the decision in the aforesaid writ petitions and disposed of the same illegally and as such the same is not sustainable and is liable to be quashed and the Petitioner be directed to be covered under the said OCS (Pension) Rules, 1992 and GPF (Orissa) Rules, 1938 to extend the benefit of pension as well as GPF.

6. The New Pension Scheme was formally introduced with effect from January 1, 2005. The amendments to the General Provident Fund (Orissa) Rules and the Orissa