The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C ) No.18846 of 2022 Jyotsna Manjari Pradhan …. Petitioner Mr. A.K. Das, Adv. -versus- State of Odisha & Others Opposite Parties Mr.S. Das, ASC Mr. S.K. Patra, Adv. (f0r Opp. Party No.8) COROM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No ORDER 01.12.2025 7. 1. This matter is taken up through Hybrid Mode.
Legal Reasoning
2. Heard learned counsel appearing for the parties. 3. The present Writ Petition has been filed inter alia challenging order dt.02.07.2022 so issued by the Government-Opp. party No.1 under Anexure-12. Vide the said order, claim of the Petitioner for her coverage under the GPF (Orissa) Rules, 1938 and OCS (Pension) Rules, 1992, was rejected, on the ground that Petitioner has joined on 14.03.2017, which is after issuance of the notification dt.17.09.2005. 4. It is the case of the Petitioner that Petitioner in spite of her eligibility to get the benefit of appointment, pursuant to Advertisement dt.05.05.1997, when was not issued with such appointment, she approached the Tribunal by filing O.A. No.2517 (C) of 1997. The said Original Application was
Decision
disposed of vide order dt.14.03.2016 under Anexure-1, inter // 2 // alia with a direction on the Opp. Parties to appoint the Petitioner against any available vacancy. The Tribunal further observed that Petitioner will be entitled to get seniority and financial benefit notionally from the date Respondent No.4 therein joined in the post. 4.1. It is contended that pursuant to such order passed by the Tribunal under Annexure-1, Petitioner vide order dt.07.03.2017 under Annexure-2 was appointed as against the post of Lady Village Agricultural Worker and such order of appointment was made effective w.e.f 07.07.1997, but on notional basis. It is contended that Petitioner in terms of the order passed by the Tribunal though was appointed w.e.f 07.07.1997 vide order dt.07.03.2017 under Annexure-2, but when she was not allowed to be covered under OCS (Pension) Rules, 1992 and GPF (Orissa) Rules, 1938 after her joining, she made a grievance in the regard. Such grievance raised by the Petitioner when was not considered, she approached this Court by filing W.P.(C ) No.1544 of 2022. 4.2. This Court vide order dt.28.01.2022 under Annexure- 11 when directed Opp. Party No.1 to consider the Petitioner’s grievance for her coverage under the OCS (Pension) Rules, 1992 and GPF (Orissa) Rules, 1938, such claim of the Petitioner has been rejected vide the impugned order dt.02.07.2022 under Annexure-12, only on the ground that Petitioner since has joined in service on 14.03.2017, pursuant to the order of appointment issued on 07.03.2017 under Annexure-2, her claim will come under the amended provision of OCS (Pension) Rules, 1992 so notified by the Government in the Finance Department on 17.09.2005. Page 2 of 6 // 3 // 4.3. Learned counsel appearing for the Petitioner contended that, since Petitioner because of illegal action of Opp. parties, did not get the benefit of appointment and in her place Opp. party No.4 was appointed in the year 1997, the Tribunal while disposing the matter vide order under Annexure-1, directed the authorities to provide appointment to the Petitioner against any available vacancy. The Tribunal further directed that, Petitioner will be entitled to get seniority and all financial benefits will be calculated on notional basis. 4.4. It is contended that in terms of the order dt.07.03.2017, Petitioner was provided with appointment vide order dt.07.03.2017 w.e.f 07.07.1997, where she joined on 14.03.2017 under Annexure-3. Since Petitioner date of appointment was made effective w.e.f 7.7.1997 i.e. the date on which the other candidate was illegally appointed in place of the Petitioner. Petitioner should have been extended with the benefit of coverage under OCS (Pension) Rules 1992 and GPF (Orissa) Rules, 1938. Such claim of the Petitioner however was rejected vide the impugned order under Annexure-12 without proper appreciation. It is accordingly contended that the impugned order is not sustainable in the eye of law and Petitioner is entitled to be covered under the provisions of OCS (Pension) Rules, 1992 and GPF (Orissa) Rules, 1938. 5. Placing reliance on the counter affidavit so filed by Opp. Party No.3, learned Addl. Standing Counsel made his submission. It is contended that Petitioner admittedly joined in service on 14.03.2017 pursuant to order dt.07.03.2017 Page 3 of 6 // 4 // under Annexure-2. By the time Petitioner joined, in terms of the notification issued by the Government on 17.09.2005, provisions of OCS (Pension) Rules, 1992 was already amended. As per the said amended provision, Petitioner is not covered under OCS (Pension) Rules as well as GPF (Orissa)Rules, 1938, as her date of joining is admittedly after 1.1.2005. Accordingly, claim of the Petitioner was rejected vide the impugned order dt.02.07.2022 under Annexure-12. 5.1. It is contended that since Petitioner joined after 01.01.2005, in view of the amendment carried to OCS (Pension) Rules, 1992 vide notification dt.17.09.2005, Petitioner cannot get the benefit of her coverage under OCS (Pension) Rules, 1992 or under GPF (Orissa) Rules, 1938. 6. Mr. S.K. Patra, learned counsel appearing for the Opp. party No.8 also contended that since Petitioner joined after 01.01.2005, she cannot be covered under the provisional OCS (Pension) Rules, 1992 or GPF (Orissa) Rules, 1938. 7. Having heard learned counsel appearing for the parties sand considering the submission made, this Court finds that pursuant to the Advertisement issued in the year 1997 for the post of Lady Village Agricultural Worker, Petitioner though was found eligible to get the benefit of appointment, but in her place when another person was appointed, challenging such action of the Opp. parties, Petitioner moved the Tribunal in OA No.2517(C ) of 1997. 7.1. The said Original Application was disposed of vide order dt.14.03.2016 under Annexure-1. In the said order, the Tribunal came to a finding that the other person has been Page 4 of 6 // 5 // illegally appointed in place of the Petitioner. However, since the other person in the meantime had already rendered service for 20 years, the Tribunal instead of disturbing the appointment of such appointee, directed the authorities to appoint the present Petitioner against any available vacancy. 7.2. The Tribunal also held that Petitioner will get the benefit of seniority from the date the other appointee joined in the post and all such financial benefits be calculated on notional basis. Pursuant to the said order, Petitioner was appointed vide order dt.07.03.2017 under Annexure-2, and such appointment was made effective w.e.f 07.07.1997. However, financial benefits were calculated on notional basis. In terms of the said order, Petitioner joined on 14.03.2017 under Annexure-3. 7.3. This Court taking into account the nature of order passed by the Tribunal under Annexure-1 and the order of appointment issued under Anenxure-2, is of the view that Petitioner’s appointment having been made effective w.e.f 07.07.1997 i.e. date on which the other person got the benefit in place of the Petitioner, Petitioner is eligible and entitled to be covered under OCS (Pension) Rules, 1992 as well as GPF (Orissa) Rules, 1938. Since Petitioner’s appointment was taken w.e.f 07.07.1997, amendment to the OCS (Pension) Rules, so issued vide notification dt.17.09.2005 is not applicable. 7.4. In view of the aforesaid analysis, this Court is inclined to quash order dt.02.07.2022 under Annexure-12. While quashing the said order, this Court directs Opp. party No.1 Page 5 of 6 // 6 // to allow the Petitioner for her coverage under OCS (Pension) Rules, 1992 and GPF (Orissa) Rules, 1938. This Court directs Opp. Party No.1 to pass a fresh order as directed within a period of 4(four) weeks from the date of receipt of this order. 7.5. The Writ Petition accordingly stands disposed of. sangita (Biraja Prasanna Satapathy) Judge Signature Not Verified Digitally Signed Signed by: SANGITA PATRA Reason: authenticaiton of order Location: high court of orissa, cuttack Date: 09-Dec-2025 18:03:48 Page 6 of 6