The court directed the respondent to consider the petitioner's representation within three months for regularization and extension of service benefits pursuant to Jugal Rout's case, as 1300 vacant posts exist.
Petitioner to file representation; Opposite parties to consider and take consequential steps within three months to extend service benefits.
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W.P.(C) No. 14848 of 2020
Petitioner in this writ petition seeks for a direction to opposite parties to regularize the services of the petitioner as Work Supervisor prior to his date of retirement i.e. 30.6.2020 and to release the pension and pensionary benefits with effect from 1.7.2020.
It is contended that the petitioner is a continuous employment in the Samal Barrage works from 1981 onwards in the post of Store Keeper on NMR basis. While continuing as such the petitioner has been brought over to the work charged establishment with effect from 2.9.1993 and superannuated on 30.6.2020. Since the service benefit has not been extended to the petitioner hence the present writ petition.
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Learned counsel for the petitioner submitted that as per the decision of the Apex Court in the case of Prem Singh and others Vrs. State of Uttar Pradesh and others in Civil Appeal No. 6798 of 2019 along with batch of Civil Appeals similarly situated persons have got the benefit. He further submitted that a person who is junior to the petitioner was also received the benefit pursuant to the judgment of this Court in the case of Jugal Rout’s case and same benefit may be extended to the petitioner.
Petitioner along with others have approached this Court in W.P.(C) No. 7974 of 2003 wherein the retrenchment order was stayed by order dated 20.8.2003 and the writ petition is still pending. Petitioner while
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continuing as such superannuated. He has filed this writ petition to extend the service benefit as well as retiral benefit in his favour as similarly situated persons have received the same.
Learned counsel for the petitioner further submitted that the State Government as a policy measure decided on 28.10.2003 that there will be no further retrenchment and persons who are continuing in service will be regularized and be re-deployed in other Major Irrigation projects. The State Government also decided that persons continuing in employment and in work charged establishment would be taken over to what is now being described as wages regular posts. The aforesaid policy decision taken by the Government as the entire gamut of works would require at least twenty more years and requirement of work is abundant.
In view of such policy decision persons who are continuing in work charged establishment have to simply be brought over to the Wages Regular Establishment. One Jugal Rout junior to the petitioner(being NMR) was regularized pursuant to the order of this Court prior to his superannuation and he has also received all service benefit as a regular/wages employee. The similar benefit be extended to the petitioner also.
Considering the above it reveals from the record that 1300 vacant posts are available. Let the petitioner file a representation reiterating his grievance before the opposite party Nos. 1 and 2 as expeditiously as possible who will consider the same within a period of three months from the
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date of such filing of such representation in the light of Jugal Rout’s case, wherein a junior N.M.R. has received all the service benefits. Accordingly consequential steps shall be taken to extend the said benefit in favour of the petitioner with intimation to him.
With the aforesaid observation and direction the writ petition is disposed of.
……………… S. Panda,J.
2 issues framed by the court
Whether the petitioner, a regularized Work Supervisor after superannuation, is entitled to regularization and pension benefits like junior employees.
How to dispose of the writ petition while 1300 vacant posts are available.
Petitioner
Opposite parties including State Government
S. Panda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
