Retrospective regularization of service from the date of initial appointment entitles an employee to pensionary benefits under applicable rules, and such pension, being a legitimate right and not a bounty, cannot be denied based on funding sources.

ORD ER

Order No. 03.

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard Shri Sanjib Mohanty, learned counsel for the Petitioner, Shri Tarananda Pattanayak, learned counsel appearing for the Utkal University-Opposite Parties No.1 & 2, and Smt. Sasmita Nayak, learned Addl. Standing Counsel for the State-Opposite Parties No.3 and 4.

3. The Petitioner has filed the present writ application with the following prayer:-

“It is therefore, most humbly prayed that this Hon’ble Court be graciously pleased to:

i) Admit the writ application.

ii) Call for the record.

iii) And after hearing the parties the case of the petitioner be allowed and pass necessary order to set aside Annexure-11 dtd:11.12.2025 and further direction be given to the opp. parties to sanction pension and pensionary benefit as has been sanctioned in case of Pratap Kumar Mohanty and others from the same list and the arrear to that effect be paid to the petitioner within a stipulated period.

iv) And/or pass such other order/orders, direction/directions as this Hon’ble Court may deem fit and proper for the ends of justice.”

4. The facts, relevant only to decide the present application, are that the petitioner was appointed as Junior Assistant in the Utkal University on 16.11.1990 on consolidated wage basis. The petitioner’s service was ultimately regularized as per order dated 25.07.2023 w.e.f. 16.11.1990. On attaining the age of superannuation, the petitioner was permitted to retire from service on 30.11.2024. Despite rendering more than 30 years of continuous service, the petitioner was not paid pension on the ground that his case would be considered under the new contributory pension scheme dated 13.07.2006 of the Finance Department.

5. According to the petitioner, he, having been appointed in the year 1990, should be governed under the provisions of the Odisha Pension Rules, 1977 and his qualifying service ought to have been counted by taking his entire past service into account. Moreover, for the fault of the opposite party-authorities, the petitioner should not be made to suffer inasmuch as despite repeated orders passed by this Court in different writ applications as also the Supreme Court, the authorities took as long as 34 years to regularize the services of the petitioner. Under such circumstances, the petitioner cannot be deprived of his legitimate right to pension under the Odisha Pension Rules.

6. The stand of the University is that the matter of pension was referred to the Government, as petitioner’s emoluments were being paid from out of the grant sanctioned by the Government. Accordingly, on 10.10.2012, the Government in the Department of Higher Education, while concurring with the proposal for regularization of the services of 15 (fifteen) employees, including the petitioner, observed that necessary payment of salary and other allowances shall be made to the said employees by the University from its own resources without any financial burden on Government in future. It was further stipulated that the salary/other dues shall not be part of annual block grant sanctioned by the Government.

7. During the year 2023, the Registrar of the University allowed the salary and other allowances to the petitioner may be paid from the University’s own resources without any financial burden on the Government.

8. From the foregoing narrations and the stand taken by the Government, this Court finds that there is nothing left for adjudication in the writ application inasmuch as admittedly, the petitioner was appointed way back in the year 1990, but his services were regularized on the basis of the order dated 02.09.2023 of the Vice-Chancellor. The University passed an order on 25.07.2023 specifically mentioning therein that the services of the petitioner are regularized as Junior Assistant with effect from 16.11.1990 in the prevalent scale of pay. The said order is extracted herein below:-

“Pursuant to the orders passed by the Hon’ble Hi