Pandaba Charan Sahu Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Pandaba Charan Sahu Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with liberty to submit a fresh representation to Opposite Party No. 1 within three weeks; Opposite Party No. 1 directed to take a lawful decision within three months of receipt and communicate the order to the petitioner.

Issue for consideration

Raised in the prayer (not adjudicated by this Court): whether the petitioner is entitled to receive pension as if retired from the regular establishment, regularization of work-charged service notionally w.e.f. completion of 5 years with pensionary benefits under the old rule, and absorption into the regular establishment in light of earlier orders. +1 more

Ratio / Principle

Taking into account the claim raised in the writ petition, liberty is granted to the petitioner to make a fresh representation before Opposite Party No. 1 enclosing all relevant documents and citations in support of his claim, within three weeks.

Key takeaways

If such representation is filed within the stated time, Opposite Party No. 1 shall take a lawful decision on it within three months from the date of receipt, and the order so passed shall be communicated to the petitioner.ratio¶24

Detailed headnote1 paragraphs

Orissa High Court (Cuttack), single bench of Justice Biraja Prasanna Satapathy, disposed WP(C) No. 1946 of 2026 on 10.03.2026 filed by Pandaba Charan Sahu against the State of Odisha & Ors. The prayer sought pension as if retired from the regular establishment, notional regularization of work-charged service w.e.f. completion of five years, pensionary benefits under the old rule, and absorption into the regular establishment, invoking earlier orders (Narasu Pradhan, State of Odisha v. Pitambar Sahoo, Kasidev Maharana tribunal line, Pitabas Pradhan, Antaryami Sahoo) and their affirmations at the Apex Court level, all listed in the prayer. Without adjudicating the substantive claim, the Court granted liberty to file a fresh representation before Opposite Party No. 1 within three weeks with supporting documents and citations, and directed Opposite Party No. 1 to take a lawful decision within three months of receipt and communicate it to the petitioner.

IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 1946 of 2026

Pandaba Charan Sahu

..... Petitioner Mr. S. Mohanty, Advocate

-versus-

State of Odisha & Ors.

..... Opposite Parties Mr. S.P. Das, ASC

CORAM:

THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER

10.03.2026

Order No. 01

This matter is taken up through hybrid mode.

Heard learned counsel for the Petitioner and learned counsel appearing for the Opp. Parties.

Petitioner has filed the present writ petition inter alia with the following prayer:-

<The petitioner, therefore prays that this Hon'ble Court may graciously be pleased to admit the writ petition, issue notice to the opposite parties to file their show cause as to why the case of the petitioner shall not be allowed and after hearing the parties, the case of the petitioner be allowed and necessary order be passed that the petitioner shall be entitled to receive the pension as if the petitioner has retired from the regular establishment and direct the opp. parties to regularize the service of the petitioner w.e.f completion of 5 years of service in work charged establishment to his superannuation notionally and grant pension and pensionary benefit under the old rule in the light of the decision in the case of this Hon'ble Court vide order dtd. 19.12.2011 passed in WPC No-5377 of 2010 in a case of Narasu Pradhan Vrs. State of Odisha and subsequent decision of this Hon'ble Court in a case of State of Odisha Vrs. Pitambar Sahoo WPC NO-24041 of 2017 disposed of on 20.12.2017 which has been affirmed

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in SLP (C) Diary No-30806 of 2018 and the entire benefit be given to him within a stipulated period.

And further to direct the opp. parties to take the petitioner in regular establishment in the light of the orders dated 16.11.1999 passed by the tribunal in O.A. No.2559 (C) of 1999 (Kasidev Maharana v. State of Orissa & Ors.) and batch, which has been confirmed by this Hon'ble Court vide order dated 08.01.2018 passed in WP(C) No.7246 of 2016 and re-affirmed by the Apex Court vide order dtd.30.07.2018 passed in Dairy No.23207 of 2018, in view of implementation of the order of the tribunal pursuant to the common judgment dtd.27.07.2021 passed by this Court in CONTC (CPC) No.305 of 2000 and batch and in the light of order dtd.28.06.2022 passed in WPC No-24918/2013 (Pitabas Pradhan and others VRS. State Of Orissa and Others) which has been affirmed in SLP (Civil) Dairy No31176/2023 and in the light of order dtd. 28.09.2022 passed in WPC No-24744/2022 (Antaryami Sahoo Vrs. State of Odisha & Others) which has been affirmed in SLP (Civil) Dairy No-52721/2024 already implemented by the state by calculating the entire work charge service period.

And/or the Opp. Parties may kindly be directed to dispose the representation filed by the petitioner vide Annexure-3 within a stipulated time;

And to pass any other writ(s)/direction(s)/ order(s) and this Hon'ble court may deem fit and proper.

And for this Act of kindness the petitioner as in duty bound shall remain ever pray.=

However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a fresh representation before Opp. Party No. 1 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of three (3) weeks hence.

It is observed that if such representation is filed within the aforesaid time period, Opp. Party No. 1 shall do well to take a lawful

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decision on the same within a period of three (3) months from the date of receipt of such representation. The order so passed by Opp. Party No. 1 be communicated to the Petitioner.

With the aforesaid observation and direction, the Writ Petition is disposed of.

(BIRAJA PRASANNA SATAPATHY) Judge

Sneha

Signature Not Verified

Digitally Signed Signed by: SNEHANJALI PARIDA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 13-Mar-2026 11:01:29

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