WP(C)/26098/2024 of BANKA BIHARI DAS Vs STATE OF ORISSA on 3 September 2026

ORDER

03.09.2026 Order No.02

1. This matter is taken up through hybrid mode.

2. Heard learned counsel appearing for the Parties.

3. Petitioner has filed the present writ petition inter alia with the following prayer:- “It is therefore, humbly prayed that this Hon'ble Court may graciously be pleased to:-

i) Direct the opp. parties to grant pension and pensionary benefits under the Orissa Civil Services (Pension) Rules, 1992 taking in to account his initial date of appointment 1.6.1982 under the Govt. in Water Resources Deptt. and retired as regular employee in the light of the decision in the case of Narusu Pradhan, O.A. No. 1189(c)/2006, which has been confirmed in W.P.(C) No. 5377 of 2010, vide order dt. 19.12.2011 and SLP in Civil Appeal No.22498 of 2012, vide order dt. 07.01.2013 and State of Odisha vrs. Sarbeswar Bhujabal W.P.(c) No. 7680/2019, vide order dt.15.11.2019, which has been confirmed in

SLP(C)No. 7541/2020, order dt. 31.10.2022 and State of Odisha vrs. Pitambar Sahoo, W.P.(c) No. 24041/2017 (decided 20.12.2017), which has been affirmed in SLP Diary No. 30806/2018 and Chandra Nandi v. State of Odisha and others, W.P.(C) No.19550 of 2011(decided on 03.02.2021), which has been affirmed by the Hon'ble Supreme court vide order dt. 06.05.2022 in SLP(c) No. 21180/2021, Radheshyam Mohanta, W.P.(c) No. 12377/2009, which has been affirmed in SLP(c) No. 36038/2010 and State of Orissa and others vrs. Jyostna Rani Patnaik and others, W.P.(C) No. 1534/2008 State of Orissa vrs. Pitambar Mohapatra, W.P.(c) No. 13483/2012 as well as the benefits given to similarly situated persons vide Annexure-6 and thereby quashing the order dated 01.05.2004 vide Anneure-8;

ii) Pass such other order (s)/direction(s) as would be deem fit and proper in the bonafide interest of Justice; And for which act of kindness, the petitioner as in duty bound shall ever pray.”

4. It is contended that even though the Petitioner continued initially as a NMR w.e.f.01.06.1982 and thereafter in the Work Charged Establishment and lastly in the Wages Establishment and retired from his services on attaining the age of superannuation on 31.03.2022, on the ground that Petitioner does not have the required qualifying service, he was not sanctioned with pension and other pensionary benefits as provided under OCS Pension Rules, 1992.

4.1. However, Petitioner when raised a claim to get the said benefit by filing W.P.(C) No.19340 of 2023 and this Court directs for its consideration, Opp. Party No.1 rejected the said claim vide the impugned order dated 01.05.2024 under Annexure-8.

4.2. Learned counsel appearing for the Petitioner contended that the ground on which Petitioner’s claim has been rejected, is no more sustainable in the eye of law, in view of the recent judgment delivered by this Court on 20.05.2026 in W.P.(C) No.37563 of 2025. This Court in the said judgment in Para 7 to 7.4 has held as follows:- “7. Having heard learned counsel appearing for the Parties and considering the submissions made, it is found that all the Petitioners were initially engaged as DLRs, much prior to the cut- off date so fixed by the Finance Department in its Resolution dtd.15.05.1997 i.e.12.04.1993. On the face of such engagement prior to 12.04.1993, Petitioners were never absorbed in terms of Finance Dept. Resolution dt.15.05.1997 under Annexure-2 nor regularized in terms of the decision of the Apex Court in the case of Uma Devi (so cited supra).

7.1. It is also found that while so continuing as DLRs, Petitioners were brought over to the Work Charged Establishment vide order dtd.14.01.2011 under Annexure-4 series and to the Regular Establishment vide order dtd.30.10.2018, 31.05.2023 and 01.11.2018 under Annexure-5 series. However, on the ground that Petitioners have been brought over to the Work Charged Establishment and the Regular Establishment after 01.01.2005, claim of the Petitioner to get the benefit of pension and pensionary benefits has been rejected vide the impugned order dtd.21.05.2025 under Annexure-16.

7.2. Placing reliance on the decisions rendered in the case of Niranjan Kar and Sk. Abdul Motalib, which have been affirmed by the Apex Court and pension and pensionary benefits since has already been extended in favour of Niranjan Kar, who is similarly situated as like the present Petitioners, this Court is of the view that the ground on which claim of the Petitioners has been rejected vide the impugned order is not sustainable in the eye of law. It is also the view of this Court that since similar benefit has already been extended in favour of Niranjan Kar, Petitioners being similarly situated, they cannot be discriminated in view of the decision of the Apex Court in the case of Arvind Srivastav & C. Lalitha (so cited supra).

7.3. It is also the view of this Court that in view of the continuance of the Petitioners in different capacity till their retirement and the inaction on the part of the Opp. Parties in not absorbing the petitioner in terms of the Finance Department Resolution dtd.15.05.1997 as well as the decision in the case of Uma Devi so cited (supra), petitioner in view of the recent decisions of the Apex Court in the case of Jaggo, Shripal, Dharam Singh and Bhola Nath, are otherwise eligible and entitled to get the benefit, which has been illegally rejected vide the impugned order.

7.4. Therefore, while quashing order dtd.21.05.2025, this Court directs the Opp. Parties be directed to release the pension and other pensionary benefits in favour of the Petitioners so extended in favour of Niranjan Kar, from the date of their entitlement, as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of this order.”

4.3. It is accordingly contended that since Petitioner’s claim is covered by the aforesaid judgement, with quashing of the impugned order, Opp. Party be directed to extend similar benefits as have been extended in the case of MD Zamilur Rahaman & Ors. in W.P.(C) No.37563 of 2025.

4.4. It is however contended that W.A. No.432 of 2022 though is not connected to the Petitioner’s claim, but basing on the submission made by the learned State Counsel, an order was passed to list the matter after disposal of W.A. No.432 of 2022. It is however contended that W.A. No.432 of 2022 has also been dismissed in the meantime vide order dated 25.08.2025.

5. Learned Addl. Govt. Advocate on the other hand contended that, since after getting the benefit of regularisation vide order dated 04.05.2017 under Annexure-1, Petitioner retired from his service on attaining the age of superannuation w.e.f.31.03.2022 and the qualifying service being less than 10 years, he is not eligible and entitled to get the benefit of pension, in view of the stipulation contained in OCS Pension Rules, 1992. It is accordingly contended that claim of the Petitioner has been rightly rejected vide the impugned order under Annexure-8.

6. Having heard learned counsel appearing for the Parties and considering the submission made, this Court finds that Petitioner was initially engaged as a NMR on 01.06.1982 and subsequently he was brought over to the Work Charged Establishment and lastly to the regular Wages Establishment vide order dated 04.05.2017 under Annexure-1. As found Petitioner while continuing in the regular wages Establishment, retired on attaining the age of superannuation on 31.03.2022. Claim of the Petitioner has been rejected vide the impugned order dated 01.05.2024 under Annexure-8, on the ground that he does not have the required qualifying service in the regular establishment along with other grounds.

6.1. This Court placing reliance on the decision in case of MD Zamilur Rahaman so cited supra is of the view that the ground on which Petitioner’s claim has been rejected vide the impugned order, is no more sustainable in the eye of law. Therefore, this Court while quashing the impugned order dated 01.05.2024 under Annexure-8, dispose of the Writ Petition in the light of the judgment dated 20.05.2026.

7. Accordingly, the Writ Petition stands disposed of.

(BIRAJA PRASANNA SATAPATHY)

Judge Sneha Digitally Signed Signed by: SNEHANJALI PARIDA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 12-Sep-2026 11:24:47 Signature Not Verified