IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.11200 of 2005 &

W.P.(C) No. 3217 of 2006 Applications under Articles 226 & 227 of Constitution of India.

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AFR W.P.(C) No. 11200 of 2005 Saudamini Swain and another …… Petitioners - Versus -

State of Orissa and others ...…. Opp. Parties W.P.(C) No.3217 of 2006 Sibamohan Senapaty & another …… Petitioners - Versus -

The General Manager, National Thermal Power Corporation Ltd.

& another ...…. Opp. Parties Advocate(s) appeared in these cases:-

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For Petitioner(s) : Mr. J.K. Rath, Senior Advocate with M/s. Basudev Mishra, B.L. Tripathy &

Mr. G. Sahu, Advocates.

[In both the writ petitions]

For Opp. Parties: M/s. A.N. Das, A.N. Pattnaik, E.A.

Das, & N. Sarkar, Advocates.

[For NTPC in both the writ petitions]

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CORAM:

JUSTICE SASHIKANTA MISHRA

JUDGMENT

21st February, 2025 SASHIKANTA MISHRA, J. Both these writ applications involve common facts and law and were therefore, heard together and are being disposed of by this common judgment. However, for brevity, the facts pleaded in W.P.(C) No. 3217 of

2006 are considered.

INTRODUCTORY FACTS

2. The erstwhile Odisha State Electricity Board (OSEB) owned a power station in Talcher, presently in the district of Angul, called Talcher Thermal Power Station (TTPS). Since TTPS, for various reasons could not operate at the optimum level resulting in loss in generation of electricity and as neither the OSEB nor the State Government were in a position to provide additional funds necessary to achieve optimum production, the State legislature enacted the Talcher Thermal Power Station (Acquisition and Transfer) Act, 1994 (in short ‘1994 Act”) for taking over the power station by National Thermal Power Corporation (NTPC), a wholly owned Government of India undertaking. Said Act came into force w.e.f. 18.05.1995 being published in the Odisha Gazette. As per the provisions of the 1994 Act, the right, title and interest of the OSEB in relation to TTPS was vested in the State Government. Thereafter, the State Government vested the power station with NTPC free from all encumbrances as per Section 5 of the 1994 Act w.e.f. 03.06.1995. The modalities of transfer of the employees of OSEB (TTPS) to the Corporation, security of their tenure, protection of their status etc. were governed by different provisions of the 1994 Act, particularly Sections, 10, 11 & 13 thereof. As such, about 1500 employees of the erstwhile OSEB working in TTPS were taken over by NTPC pursuant to the 1994 Act. They became the regular employees of the NTPC without any break.

3. OSEB also owned and ran three schools being Talcher Thermal High School, Talcher Thermal Model Primary School and Talcher Thermal Sector-IV Primary School. All the three Schools were also transferred to NTPC by virtue of the 1994 Act with effect from 03.06.1995. By letter dated 03.07.1995, the Chief Personnel Manager, NTPC issued a letter to the Headmasters of the three schools indicating the transfer of said schools to NTPC.

CASE OF THE PETITIONERS

4. The petitioners in W.P.(C) No.11200 of 2005 were working as Asst. Teachers in Talcher Thermal High School. The two petitioners in W.P.(C) No.3217 of 2006 were working as Trained Graduate Teacher and Matric CT Teacher respectively in Talcher Thermal High School. Though strictly not workmen yet they were treated at par with different categories of workmen by the management of OSEB such as, Highly Skilled, Supervisory and Skilled-B etc. Their services were also taken over by NTPC as per the 1994 Act.

5. By an office order dated 02.09.1998, the age of retirement of the employees of NTPC was enhanced to 60 years. The retirement age of the employees of the power station was 58 years. But in view of the aforementioned office order, they were also eligible to work till 60 years.

6. The petitioners believe that they were treated unequally as compared to the other taken o