The High Court
Case Details
IN THE HIGH COURT ORISSA; CUTTACK WP(C) No.7874 of 2023 (An application under Article 226 of the Constitution of India) *** Mr. Laxmikanta Dhal … Petitioner -VERSUS- State of Odisha and others … Opposite Parties. Advocate for the parties: For the Petitioner For the Opposite Parties
Legal Reasoning
:Mr. Goutam Mukherjee, Senior Advocate. being assisted by Mr. A. Mishra, Advocate. :Mr. S.B. Panda, Addl. Government Advocate. CORUM : MR. JUSTICE K.R. MOHAPATRA MR. JUSTICE ANANDA CHANDRA BEHERA Date of Hearing : 06.05.2025 :: Date of Judgment : 06.05.2025 BY THE BENCH : JUDGMEN T 1. The Petitioner in this Writ Petition prays for a direction to set aside the Order No.247 dated 17th August, 2022 (Annexure-8) passed by learned District and Sessions Judge, Bhadrak whereby pensionary benefits to the Petitioner have been denied. WP(C) No.7874 of 2023 Page 1 of 5 2. Mr. Mukherjee, learned Senior Advocate appearing for the Petitioner submits that the Petitioner was appointed as a Junior Clerk in Balasore- Bhadrak Judgeship vide Order dated 4th July,1986 (Annexure-1). But, the selection process by which the Petitioner was selected held to be irregular and all candidates including the Petitioner were terminated from service. To ameliorate problems faced by the terminated employees, the Government of Odisha in the Department of General Administration vide Letter No.9197 dated 30th March, 1991 (Annexure-3) brought out a circular for regularization of the irregular recruitees setting out certain conditions. The conditions set out thereunder are as under; “(i) Recruits should have put in at least one year continuous service in one or more spells in the same office; (ii) Two chances should be given to them to appear in the next two consecutive recruitment examinations; (iii) Condonation of age may be done by the Collector, both for appearing in the examination and for appointment and; (iv) Details of such appointments should be furnished to the Collector/Head of Department/and to the concerned administrative department.” 3. Pursuant to the Letter/Circular under Annexure-3, one terminated employee, namely, Chitaranjan Mohapatra of Balasore Judgeship filed a O.J.C. No.7468 of 1992 and pursuant to the direction therein he was provisionally reinstated as Junior Clerk in the Office of the District Judge, Balasore subject to his coming out successful in either of the next two consecutive recruitment examinations. The Petitioner along with another, namely, Himadri Sekhar Mohanty were reinstated as Junior Clerks in the Judgeship of Balasore-Bhadrak upon considering a representation made by
Decision
them and taking into consideration the Order of this Court passed in O.J.C. No.7468 of 1992 disposed of on 15th January,1993 filed by said Chitaranjan Mohapatra. The Petitioner in course of his employment was promoted to the rank of Sheristadar in the District Court of Bhadrak. He was also confirmed WP(C) No.7874 of 2023 Page 2 of 5 in service vide Office Order No.157 dated 19th October, 2019 (w.e.f. 21st May, 2011)(Annexure-6). His work was also reviewed twice once at the age of 50 and another at the age of 55 years and the Petitioner was allowed to continue in service till the date of his superannuation, i.e., till 31st May, 2022 (Annexure-7). However, the Petitioner was denied pensionary benefits vide the impugned order under Annexure-8 on the ground that, he did not come out successful in recruitment tests as per the condition stipulated under Annexure-3. Hence, finding no other alternative, the Petitioner has filed this writ petition. 4. Counter Affidavit has been filed stating inter alia that the recruitment tests were being conducted on regular basis and the Petitioner did not appear in any of such recruitment examinations. The plea of the Petitioner with regard to non-relaxation of age to appear in the recruitment tests is an afterthought. 4.1 It is further stated inter alia that the claim of the Petitioner equating him with Sri Chitaranjan Mohapatra is not tenable as, he stood in a different footing. Mere working for a long period without having cleared the recruitment process makes the appointment of the Petitioner irregular. Hence, he is not entitled to pensionary benefits. The Petitioner also filed a rejoinder denying such allegations. 4.2. Mr. Panda, learned AGA made his submission reiterating the stand taken by the Opp. Party No.2 in the Counter. 5. In course of hearing, this Court vide Order dated 28th February, 2024, directed the learned Additional Standing Counsel to take instruction and place on record as to whether any employee(s) in the Judgeship of Bhadrak or even any other Judgeship, who is/are similarly situated with the WP(C) No.7874 of 2023 Page 3 of 5 Petitioner, have been granted with the pensionary benefit as claimed by the Petitioner or not. 6. After taking several adjournments, an Affidavit was filed on 4th March, 2025. In the said Affidavit, it is stated that one Chitaranjan Mohapatra, who was similarly situated as the Petitioner, has been granted pensionary benefits on his superannuation on 30th April, 2019. However, it is further stated that the said Chitaranjan Mohapatra was regularized in service pursuant to the Order dated 30th April, 2019 passed by this Court in O.J.C. No.7468 of 1992. 7. Heard, learned counsels for the parties and perused the materials on record laced before us. 7.1. Mr. Mukherjee, learned Senior Advocate submits that the Petitioner did not get an opportunity to appear in the recruitment examination as, no such recruitment test/examination was undertaken till the Petitioner was age-barred. Although, there is an evasive denial to the same but no details have been provided in the counter affidavit as to when recruitment examinations were undertaken by the District Judiciary, Bhadrak after the Petitioner was reinstated in service. 8. Further it appears at Annexure-9 that, recruitment tests were also held in 2003 and again in 2009. But by then, the Petitioner was age-barred to appear in such recruitment tests and no relaxation to the candidate like the Petitioner, was given in the said advertisements. Thus, no fault can be found with the Petitioner for not appearing in the said recruitment examinations as per the conditions stipulated under Annexure-3. 8.1 It is further apparent from Annexure-6 that, the Petitioner was confirmed in service vide Order No.157 dated 19th October, 2019 (w.e.f. 21st May, 2011) (Annexure-6 series) and such order has never been WP(C) No.7874 of 2023 Page 4 of 5 recalled/revoked. It was alive till the date of superannuation of the Petitioner. It also appears from the record that, the service of the Petitioner was reviewed twice, i.e., once at the age of 50 and another at the age of 55 years, and the Petitioner was allowed to continue in service till superannuation. Thus, there was no impediment on the part of the Authority to grant pensionary benefit to the Petitioner. As such, we find no justification in denying pensionary benefits to the Petitioner. 9. Accordingly, the impugned order under Annexure-8 being not sustainable stands quashed and learned District Judge, Bhadrak is directed to extend all pensionary benefits to the Petitioner with effect from the date of his superannuation. Arrear pensionary benefits shall be calculated and paid to the Petitioner including the current pension as expeditiously as possible preferably within a period of three months from the date of production of certified copy of this Order. The Petitioner shall co-operate with the Authority for sanction and payment of the pensionary benefits. 10. The Writ Petition is allowed to the aforesaid extent. In the facts and circumstances of the case there shall be no order as to costs. Urgent certified copy of this Order be granted to the parties on proper application. (K.R. MOHAPATRA) JUDGE Signature Not Verified Digitally Signed Signed by: RATI RANJAN NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack, India. Date: 08-May-2025 18:16:51 High Court of Orissa, Cuttack The 06th May, 2025// Rati Ranjan Nayak Sr. Stenographer (ANANDA CHANDRA BEHERA) JUDGE WP(C) No.7874 of 2023 Page 5 of 5