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Judgment
Opp. party No. 1 herein retired as a Work-charged employee after having put in thirty five years and eleven months of continuous service in the establishment. No pensionary benefits having been extended, he approached the Orissa Administrative Tribunal, Circuit Bench, Berhampur by way of Original Application No. 70(8) of 1997 for a direction to the Respondents to grant retirement and other benefits to him by declaring him to be a regular employee.
By following a decision in a batch of cases the Tribunal allowed the Original Application in the following terms :
"Under the dictum laid down by the Tribunal in various cases, I direct that the applicant be regularised in establishment post from the time he completed 5 years continuous service in work charged establishment and the period from that time till the date of his retirement be counted towards his pension and other pensionary benefits and the same be drawn and paid to him within four months from the date of receipt of a copy of this order, so far as arrears of pension, D.C.R.G., unutilised leave salary, etc. are concerned. As regards current and future pension, necessary pension payment orders shall be issued in his favour within the said period. If any amount has already been paid to him towards gratuity, according to the existing instructions the said amount shall be adjusted against his revised pension/gratuity-cum-pension according to the directions herein."
Aggrieved therewith the State has preferred this writ petition.
Having heard learned counsel we find no ground to interfere with the impugned order in view of the fact that the matter in dispute already stands concluded by two decisions of this Court in State of Orissa and Ors. v. Dhumal Parida and Ors. (O.J.C. No. 1162 of 1999, decided on 10.05.2000) and State of Orissa and Ors. v. Sudarsan Sahu and Anr. (OJC 11028/ 99 decided on 25.11.1999) in which similar challenge to the order of the Tribunal was made.
Admittedly opp. party No.l had put in over 35 years of service and considering this and in the light of the decision of the Apex Court in SLP No. 11929-930 of 1999 impugned direction was issued. Hence, we are of the view that no illegality has been committed by the Tribunal in its order.
Accordingly, the writ application is dismissed.