Petitioner requested direction to State of Odisha to count her husband's past service in a Job Contract Establishment towards pension. Bench relied on settled law from prior judgments and ordered benefits to be extended.
Directed opposite parties to extend pension and pensionary benefits to petitioner within three months.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.6721 of 2023
Sarmishtha Padhi …. Petitioner
Mr. Sanjib Mohanty, Advocate
-versus-
State of Odisha and others
…. Opp. Parties Mr. Saswat Das, AGA
CORAM: JUSTICE A.K. MOHAPATRA
ORDER
Order No.
15.03.2023
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Petitioner was directed to be calculated, drawn and disbursed in his favour within two months from the date of receipt of the copy of the judgment. The order passed in T.A.No.11 of 1993 was challenged before the Apex Court by the State, which was dismissed vide order dated 17.07.1995.
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the respective parties by taking into consideration the order passed in T.A.No.11 of 1993 dated 21.10.1994 in the other related matters including the judgment in ( Nityananda Biswal v.-State of Orissa and others ) came to a conclusion that the position of law is well settled and nothing remains to be decided in that case. Accordingly, order passed by the Tribunal is set aside and accordingly the Opposite Parties were directed to extend all such benefits to all the members of the Petitioners association in terms of the direction given by the Court. The said order dated 19.04.2022 passed by the Division Bench in W.P.(C) No.21611 of 2011 was assailed before the Hon’ble Supreme Court by the State of Orissa by filing SLP (Civil) Diary No.(s) 36299/2022. The Hon’ble Supreme Court after hearing the learned counsel for the State-appellant was pleased to dismiss the SLP. Therefore, the order passed by the Division Bench in W.P.(C) 21611 of 2022 has attained finality.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra) Judge
Debasis
1 issue framed by the court
Whether the petitioner's past service in a Job Contract Establishment qualifies for pension and pensionary benefits.
Sarmishtha Padhi
State of Odisha
A.K. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
