Kailash Chandra Panda vs State Of Odisha & Others …. Opposite … on 7 March, 2026

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    Orissa High Court

    Kailash Chandra Panda vs State Of Odisha & Others …. Opposite … on 7 March, 2026

    Author: Biraja Prasanna Satapathy

    Bench: Biraja Prasanna Satapathy

        IN THE HIGH COURT OF ORISSA AT CUTTACK
    
            W.P.(C ) Nos.248 & 289 of 2026
    
      In the matter of an application under Article-226 of
      the Constitution of India
                                ..................
    
    
     Kailash Chandra Panda                                           Petitioner
                                               ....
    
                                      -versus-
    
    
     State of Odisha & Others                  ....            Opposite Parties
    
    
                   For Petitioner        :      M/s. S.K. Purohit, Adv. &
                                                Mr. N.Rath, Adv.
    
    
    
                  For Opp. Parties :           M/s. C.K. Pradhan,
                                               Addl. Govt. Advocate
    
    
    PRESENT:
    
    THE HONBLE MR.JUSTICE BIRAJA PRASANNA SATAPATHY
      -----------------------------------------------------------------------------
      Date of Hearing: 11.02.2026 and Date of Judgment:07.03.2026
      -----------------------------------------------------------------------------
    
      Biraja Prasanna Satapathy, J.
    

    1. This matter is taken up through Hybrid Mode.

    2. Heard learned counsel appearing for the parties.

    SPONSORED

    3. Since the issue involved in both the cases is

    identical, both the matters were heard analogously and

    disposed of by the present common order.

    // 2 //

    4. Both the Writ Petitions have been filed inter alia

    seeking a direction on the Opp. Parties to extend the

    benefit of pension and other pensionary benefits, in

    terms of the provisions contained under OCS (Pension)

    Rules 1992.

    5. It is the case of the Petitioners that Petitioners were

    engaged as NMR prior to the cut-off date i.e. 12.04.1993

    so prescribed by the Finance Department in its

    resolution dt.15.05.1997.

    5.1. It is contended that though the Petitioners were

    engaged and allowed to continue as NMR/DLR prior to

    12.04.1993, but in terms of the resolution issued by the

    Finance Department on 15.05.1997, Petitioners were

    never absorbed in the regular establishment. Not only

    that, in terms of the decision of the Hon’ble Apex Court

    in the case of Secretary, State of Karnataka and

    Others Vs. Uma Devi Others, (2006) 4 SCC-1, no step

    was also taken to absorb the Petitioners in the regular

    establishment. Stipulation contained in Resolution

    dt.15.05.1997 and the decision in the case of Umadevi

    reads as follows:

    Page 2 of 31

    // 3 //

    Finance Deptt. No. 22764/F., dated the 15th May 1997

    89. SUBJECT: Scheme for absorption of
    N.M.R./D.L.R/Job contract Workers under
    Regular Establishment – Preference to be given to
    work-charge employees.

    It has been brought to the notice of Finance
    Department by the different Departments of
    Government that directives from Hon’ble
    Supreme Court, High Court and Orissa
    Administrative Tribunal have been received for
    preparation of a scheme to absorb the above
    categories of workers under regular
    establishment.

    As per the above directive, Government have
    been pleased to formulate the following norms
    and conditions for the N.M.R/D.LR/Job contract
    workers.

    1. Separate Gradation/Seniority list shall be
    prepared by the Appointment Authority for each
    category of workers determining the length of
    engagement of a particular person. The workers
    should have worked under the administrative
    control of the Department concemed directly for a
    minimum period of 10 years. The engagement of
    240 days, in a year shall be constructed as a
    complete year of engagement for this purpose.

    2. The workers should have been engaged prior to
    12.4.1993. i.c.. prior to promulgation of ban on
    engagement of N.M.R/D.L.RJJob contract
    workers, etc.., vide Finance Department circular
    No. 17815-W.F.-II 180/92-F., dated the 12th
    April, 1993.

    3. They should have the minimum
    educational/Technical qualification prescribed of
    the post against which they would be absorbed.

    4. They should be within the age-limit prescribed
    for 1st appointment to Government service after
    deduction of the number of years they have
    worked under the Department concerned:

    Provided that the age-limit can be further relaxed
    with the approval of Appointing Authority.

    Page 3 of 31

    // 4 //

    5. Absorption against the post for which regular
    recruitment sules have been framed will be made
    in relaxation of the relevant provisions by the
    competent authority.

    6. Vancancies reserved for S.CJS.T/O.B.C/
    women candidate/physically handicapped, etc.,
    will be filled up according to reservation rules
    issued by Government from time to time

    7. Absorption in Classes III and IV posts against
    the vacant posts shall be made keeping in view
    the austerity measures issued in F.D.O.M. No.
    50791/F., dated the 10th December, 1996, read
    with O.M.No.4986, dated the 7th February, 1997.

    8. While filling up the regular vacant posts,
    preference shall be given to work-charged
    employees first. Where no suitable work-charged
    employees are available to man the post,
    preference shall be given in the following order,
    ie., N.M.R., D.L.R., Job contract workers and
    others.

    9. On absorption in a regular establishment, the
    worker shall draw the minimum of the time-scale
    attached to the post and other allowance as
    admissible under the rules from time to time.

    10. The date of regularisation shall be reckoned as
    the 1st appointment to the service for pension and
    other service benefits.

    11. The authority competent who shall issue the
    order of regularisation shall certify that the person

    (s) who are being regularized in the order were
    engaged as such prior to 12th April, 1993, i.e.,
    prior to promulgation of ban issued by Finance
    Department and this has been agreed to by the
    Finance Adviser of the Department.

    12. This order shall supersede all the Orders/
    Resolutions/ Notifications, etc., issued by various
    Departments of Government for regularisation of
    N.M.R/D.L.R/Job Contract and other such
    category of workers.

    Copy of all regularisation order issued in this
    connection shall be forwarded simultaneously to

    Page 4 of 31
    // 5 //

    the Administrative Department concerned and
    Finance Department.

    5.2. Hon’ble Apex Court in the case of Uma Devi in

    Para-44 of the said judgment has held as follows:-

    “44. One aspect needs to be clarified. There may be
    cases where irregular appointments (not illegal
    appointments) as explained in S.V. Narayanappa
    (supra), R.N. Nanjundappa (supra) and B.N.
    Nagarajan (Supra), and referred to in paragraph-15
    above, of duly qualified persons in duly sanctioned
    vacant posts might have been made and the
    employees have continued to work for ten years or
    more but without the intervention of orders of courts
    or of tribunals. The question of regularization of the
    services of such employees may have to be
    considered on merits in the light of the principles
    settled by this Court in the cases above referred to
    and in the light of this judgment. In that context, the
    Union of India, the State Governments and their
    instrumentalities should take steps to regularize as a
    one- time measure, the services of such irregularly
    appointed, who have worked for ten years or more in
    duly sanctioned posts but not under cover of orders
    of courts or of tribunals and should further ensure
    that regular recruitments are undertaken to fill those
    vacant sanctioned posts that require to be filled up,
    in cases where temporary employees or daily wages
    are being now employed. The process must be set in
    motion within six months from this date. We also
    clarify that regularisation, if any already made, but
    not subjudice, need not be reopened based on this
    judgement, but there should be no further by passing
    of the constitutional requirement and regularizing or
    making permanent, those not duly appointed as per
    the constitutional scheme.”

    5.3. It is however contended that while continuing as

    NMRs/DLRs, instead of absorbing the Petitioners in the

    regular establishment, in terms of the decision in the
    Page 5 of 31
    // 6 //

    case of Uma Devi and Resolution dt.15.05.1997,

    Petitioners were brought over to the work-charged

    establishment w.e.f. 1.3.2009.

    5.4. It is further contended that while so continuing in

    the work-charged establishment w.e.f 1.3.2009,

    Petitioners were brought over to the regular (wages)

    establishment. However, after retirement of the

    Petitioners from the regular (wages) establishment,

    Petitioners were not extended with the benefit of pension

    and pensionary benefits in terms of the provisions

    contained under OCS (Pension) Rules, 1992 (in short,

    “Rules”) on the ground that Petitioners have not

    rendered the required qualifying service in the regular

    establishment. In terms of the provision contained

    under Rule 47(5) (i) of the Rules, Petitioners were held

    not eligible and entitled to get the benefit of pension and

    other pensionary benefits. Rule 47(5)(i) of the Rules

    reads as follows:

    47(5)(i) In the case of a Government Servant
    retiring in accordance with the provisions of
    these rules before completion of the
    minimum qualifying service of ten years
    shall not be entitled for pension, but he

    Page 6 of 31
    // 7 //

    shall be entitled to service gratuity to be
    paid at a uniform rate of half month’s
    emoluments for every completed six monthly
    period of service.

    5.5. Learned counsel appearing for the Petitioners

    vehemently contended that since because of the inaction

    of the Opp. Parties in not absorbing the Petitioners in

    the regular establishment, on the face of such long

    continuance as NMR prior to 12.04.1993 in terms of

    Resolution dt. 15.05.1997 and the decision in the case

    of Uma Devi so cited supra and further continuance in

    the work-charged establishment w.e.f 01.03.2009,

    Petitioners on the ground that they have not rendered

    the required qualifying service of 10 years, and

    accordingly not eligible to get the benefit of pension and

    pensionary benefits in view of the aforesaid Rules,

    cannot be held as legal and justified.

    5.6. Since for the latches on the part of the Opp.

    parties, Petitioners could not complete the required

    qualifying service, for the purpose of getting pension and

    pensionary benefits under the Rules, they cannot be

    deprived of the same. In support of the submissions,

    reliance was placed to the following decisions:

    Page 7 of 31

    // 8 //

    1. Uday Pratap Thakur and Another Vs.
    The State of Bihar and Others
    , Civil Appeal
    No.3155 of 2023 @ SLP (C ) NO.10653 of 2018,
    decided on 28.04.2023

    2. Dharam Singh & Others Vs. State of
    U.P. & Another
    , 2025 INSC 998

    3. State of Himachal Pradesh & Another
    Vs. Sheela Devi
    , 2023 LiveLaw (SC) 662

    4. Bhola Nath Vs. State of Jharkhand and
    Others
    , 2026 INSC 99.

    5.7. Hon’ble Apex Court in the case of Uday Pratap

    Thakur in Para-3.3 & 6.3 of the said judgment has held

    as follows:

    3.3 It is submitted that as observed and held by
    this Court in the case of Prem Singh Vs. State of
    Uttar Pradesh and Ors.
    , (2019) 10 SCC 516, the
    services rendered as work charged is to be
    counted for pensionary benefits. Learned counsel
    appearing on behalf of the appellants has heavily
    relied upon the paragraphs 29, 30, 31, 32 and 36
    of the said decision.

    xxx xxx xxx

    6.3 The decision of this Court in the case of Prem
    Singh
    (supra), therefore, would be restricted to the
    counting of service rendered as work charged for
    qualifying service for pension.

    5.8. Hon’ble Apex Court in the case of Dharam Singh

    in Paragraph-13,14,15 & 17,18,19 & 20 held as follows:

    13. As we have observed in both Jaggo (Supra)
    and Shripal (Supra), outsourcing cannot
    become a convenient shield to perpetuate
    precariousness and to sidestep fair engagement
    practices where the work is inherently perennial.

    The Commission’s further contention that the
    appellants are not “full-time” employees but
    continue only by virtue of interim orders also

    Page 8 of 31
    // 9 //

    does not advance their case. That interim
    protection was granted precisely because of the
    long history of engagement and the pendency of
    the challenge to the State’s refusals. It neither
    creates rights that did not exist nor erases
    entitlements that may arise upon a proper
    adjudication of the legality of those refusals.

    14. The learned Single Judge of the High Court
    also declined relief on the footing that the
    petitioners had not specifically assailed the
    subsequent decision dated 25.11.2003. However,
    that view overlooks that the writ petition squarely
    challenged the 11.11.1999 refusal as the High
    Court itself directed a fresh decision during
    pendency, and the later rejection was placed on
    record by the respondents. In such
    circumstances, we believe that the High Court
    was obliged to examine the legality of the State’s
    stance in refusing sanction, whether in 1999 or
    upon reconsideration in 2003, rather than
    dispose of the matter on a mere technicality. The
    Division Bench of the High Court compounded the
    error by affirming the dismissal without engaging
    with the principal challenge or the intervening
    material. The approach of both the Courts, in
    reducing the dispute to a mechanical enquiry
    about “rules” and “vacancy” while ignoring the
    core question of arbitrariness in the State’s
    refusal to sanction posts despite perennial need
    and long service, cannot be sustained.

    15. Therefore, in view of the foregoing
    observations, the impugned order of the High
    Court cannot be sustained. The State’s refusals
    dated 11.11.1999 and 25.11.2003,in so far as
    they concern the Commission’s proposals for
    sanction/creation of Class-III/Class-IV posts to
    address perennial ministerial/attendant work,
    are held unsustainable and stand quashed.

    xxx xxx xxx

    17. Before concluding, we think it necessary to
    recall that the State (here referring to both the
    Union and the State governments) is not a mere
    market participant but a constitutional employer.
    It cannot balance budgets on the backs of those
    who perform the most basic and recurring public
    functions. Where work recurs day after day and
    year after year, the establishment must reflect
    that reality in its sanctioned strength and
    engagement practices. The long-term extraction of
    regular labour under temporary labels corrodes
    confidence in public administration and offends
    Page 9 of 31
    // 10 //

    the promise of equal protection. Financial
    stringency certainly has a place in public policy,
    but it is not a talisman that overrides fairness,
    reason and the duty to organise work on lawful
    lines.

    18. Moreover, it must necessarily be noted that
    “ad-hocism” thrives where administration is
    opaque. The State Departments must keep and
    produce accurate establishment registers, muster
    rolls and outsourcing arrangements, and they
    must explain, with evidence, why they prefer
    precarious engagement over sanctioned posts
    where the work is perennial. If “constraint” is
    invoked, the record should show what
    alternatives were considered, why similarly
    placed workers were treated differently, and how
    the chosen course aligns with Articles 14, 16 and
    21 of the Constitution of India. Sensitivity to the
    human consequences of prolonged insecurity is
    not sentimentality. It is an institutional discipline
    that should inform every decision affecting those
    who keep public offices running.

    19. Having regard to the long, undisputed service
    of the appellants, the admitted perennial nature
    of their duties, and the material indicating
    vacancies and comparator regularisations, we
    issue the following directions:

    i. Regularization and creation of Supernumerary
    posts: All appellants shall stand regularized with
    effect from 24.04.2002, the date on which the
    High Court directed a fresh recommendation by
    the Commission and a fresh decision by the State
    on sanctioning posts for the appellants. For this
    purpose, the State and the successor
    establishment (U.P. Education Services Selection
    Commission) shall create supernumerary posts in
    the corresponding cadres, Class-III (Driver or
    equivalent) and Class-IV (Peon/Attendant/Guard
    or equivalent) without any caveats or
    preconditions. On regularization, each appellant
    shall be placed at not less than the minimum of
    the regular pay-scale for the post, with protection
    of last-drawn wages if higher and the appellants
    shall be entitled to the subsequent increments in
    the pay scale as per the pay grade. For seniority
    and promotion, service shall count from the date
    of regularization as given above.

    ii. Financial consequences and arrears: Each
    appellant shall be paid as arrears the full
    difference between (a) the pay and admissible
    allowances at the minimum of the regular pay-
    level for the post from time to time, and (b) the
    amounts actually paid, for the period from
    24.04.2002 until the date of regularization
    Page 10 of 31
    // 11 //

    /retirement/death, as the case may be. Amounts
    already paid under previous interim directions
    shall be so adjusted. The net arrears shall be
    released within three months and if in default,
    the unpaid amount shall carry compound interest
    at 6% per annum from the date of default until
    payment.

    iii. Retired appellants: Any appellant who has
    already retired shall be granted regularization
    with effect from 24.04.2002 until the date of
    superannuation for pay fixation, arrears under
    clause (ii), and recalculation of pension, gratuity
    and other terminal dues. The revised pension
    and terminal dues shall be paid within three
    months of this Judgement.

    iv. Deceased appellants: In the case of Appellant
    No. 5 and any other appellant who has died
    during pendency, his/her legal representatives
    on record shall be paid the arrears under clause

    (ii) up to the date of death, together with all
    terminal/retiral dues recalculated consistently
    with clause (i), within three months of this
    Judgement.

    v. Compliance affidavit: The Principal Secretary,
    Higher Education Department, Government of
    Uttar Pradesh, or the Secretary of the U.P.
    Education Services Selection Commission or the
    prevalent competent authority, shall file an
    affidavit of compliance before this Court within
    four months of this Judgement.

    20. We have framed these directions
    comprehensively because, case after case, orders
    of this Court in such matters have been met with
    fresh technicalities, rolling “reconsiderations,”

    and administrative drift which further prolongs
    the insecurity for those who have already
    laboured for years on daily wages. Therefore, we
    have learned that Justice in such cases cannot
    rest on simpliciter directions, but it demands
    imposition of clear duties, fixed timelines, and
    verifiable compliance .As a constitutional
    employer, the State is held to a higher standard
    and therefore it must organise its perennial
    workers on a sanctioned footing, create a budget
    for lawful engagement, and implement judicial
    directions in letter and spirit. Delay to follow
    these obligations is not mere negligence but
    rather it is a conscious method of denial that
    erodes livelihoods and dignity for these workers.
    The operative scheme we have set here
    comprising of creation of supernumerary posts,
    full regularization, subsequent financial benefits,
    and a sworn affidavit of compliance, is therefore
    Page 11 of 31
    // 12 //

    a pathway designed to convert rights into
    outcomes and to reaffirm that fairness in
    engagement and transparency in administration
    are not matters of grace, but obligations under
    Articles 14, 16 and 21 of the Constitution of
    India.

    5.9. Hon’ble Apex Court in the case of Sheela Devi in

    Para-2,3,4 & 11 of the said judgment has held as

    follows:

    2. The appellant (hereinafter “State”) is before
    this Court complaining that the judgment of
    the Himachal Pradesh High Court, granting
    relief to the respondents (hereby referred to as
    ’employees’) is erroneous.

    3. The respondents (or their legal
    representatives – as is the case in some
    instances) before this Court were employed on
    contract basis by the State in its Education
    and in the Ayurvedic Department. Their
    services as contractual employees were
    regularized at different points in time.

    4. Many of these contractual employees were
    engaged prior to the introduction of the Rules
    framed in 2004 (hereinafter referred to as
    “2004 Pension scheme”) whereby entitlement
    of pension per se was abolished. On different
    dates thereafter, the employees were
    regularized. In some instances, they were
    employed even after the 2004 Pension Scheme
    came into force. Their claim was that upon
    regularization, they were entitled to reckon the
    period of contractual employment, for the
    purposes of pension. The State rejected this
    contention which led them to approach the
    High Court. The High Court by the impugned
    judgment allowed the writ petitions and
    directed the State to extend pensionary
    benefits on the basis of the benefit of including
    contractual service claimed by them on the
    reasoning that upon their regularization, the
    period of contractual employment was also
    reckonable for the purposes of future benefits
    including – whereby applicable, pension.

    Page 12 of 31

    // 13 //

    xxx xxx xxx

    11. In view of the above reasoning, this court
    is of the opinion that there is no merit in the
    appeal however, the following directions are
    issued:-

    (i) The state shall take immediate steps to
    indicate the mode and manner of exercising
    option by all the employees concerned (who
    had been regularized after spells of
    contractual employment) regardless of the
    dates on which they were engaged i.e. prior to
    the year 2003 or subsequently, within a time
    frame, of within eight weeks from today.

    (ii) After receiving the options within the time
    indicated in the notice, the concerned
    employee(s) who exercise the relevant options
    should be notified about the amounts they
    would have to remit in case any amount
    towards contribution is required, clearly.

    (iii) The options should be processed and
    completed within eight weeks from the last
    date of receiving options.

    (iv) Time limit for payment too should be
    indicated and entire process should be
    completed within four months and all orders
    fixing pensions or family pension as the case
    may be, shall be issued.

    5.10. Hon’ble Apex Court in the case of Bholanath in

    Para-13.5 to 14 of the judgment has held as follows:-

    “13.5. Such a decision must necessarily be a
    conscious and reasoned one. An employee who
    has satisfactorily discharged his duties over
    several years and has been granted repeated
    extensions cannot, overnight, be treated as
    surplus or undesirable. We are unable to accept
    the justification advanced by the respondents as
    the obligation of the State, as a model employer,
    extends to fair treatment of its employees
    irrespective of whether their engagement is
    contractual or regular.

    13.6. This Court has, on several occasions,
    deprecated the practice adopted by States of
    engaging employees under the nominal labels of
    Page 13 of 31
    // 14 //

    “part-time”, “contractual” or “temporary” in
    perpetuity and thereby exploiting them by not
    regularizing their positions. In Jaggo v. Union of
    India, this Court underscored that government
    departments must lead by example in ensuring
    fair and stable employment, and evolved the test
    of examining whether the duties performed by
    such temporary employees are integral to the
    day-to-day functioning of the organization.

    13.7. In Shripal v. Nagar Nigam, and Vinod
    Kumar v. Union of India
    , this Court cautioned
    against a mechanical and blind reliance on
    Umadevi (supra) to deny regularization to
    temporary employees in the absence of statutory
    rules.
    It was held that Umadevi (supra) cannot
    be employed as a shield to legitimise exploitative
    engagements continued for years without
    undertaking regular recruitment. The Court
    further clarified that Umadevi itself draws a
    distinction between appointments that are
    “illegal” and those that are merely “irregular”, the
    latter being amenable to regularization upon
    fulfilment of the prescribed conditions.

    13.8. In Dharam Singh v. State of U.P., this
    Court strongly deprecated the culture of “ad-
    hocism” adopted by States in their capacity as
    employers. The Court criticised the practice of
    outsourcing or informalizing recruitment as a
    means to evade regular employment obligations,
    observing that such measures perpetuate
    precarious working conditions while
    circumventing fair and lawful engagement
    practices.

    13.9. The State must remain conscious that part-
    time employees, such as the appellants,
    constitute an integral part of the edifice upon
    which the machinery of the State continues to
    function. They are not merely ancillary to the
    system, but form essential components thereof.
    The equality mandate of our Constitution,
    therefore, requires that their service be
    reciprocated in a manner free from arbitrariness,
    ensuring that decisions of the State affecting the
    careers and livelihood of such part-time and
    contractual employees are guided by fairness
    and reason.

    13.10. In the aforesaid backdrop, we are unable
    to persuade ourselves to accept the respondent-
    State’s contention that the mere contractual
    nomenclature of the appellants’ engagement
    Page 14 of 31
    // 15 //

    denudes them of constitutional protection. The
    State, having availed of the appellants’ services
    on sanctioned posts for over a decade pursuant
    to a due process of selection and having
    consistently acknowledged their satisfactory
    performance, cannot, in the absence of cogent
    reasons or a speaking decision, abruptly
    discontinue such engagement by taking refuge
    behind formal contractual clauses. Such action is
    manifestly arbitrary, inconsistent with the
    obligation of the State to act as a model
    employer, and fails to withstand scrutiny under
    Article 14 of the Constitution.

    FINAL CONCLUSION:

    14. In light of our discussion, in the foregoing
    paragraphs, we summarize our conclusions as
    follows:

    I. The respondent-State was not justified in
    continuing the appellants on sanctioned vacant
    posts for over a decade under the nomenclature
    of contractual engagement and thereafter
    denying them consideration for regularization.

    II. Abrupt discontinuance of such long-standing
    engagement solely on the basis of contractual
    nomenclature, without either recording cogent
    reasons or passing a speaking order, is
    manifestly arbitrary and violative of Article 14 of
    the Constitution.

    III. Contractual stipulations purporting to bar
    claims for regularization cannot override
    constitutional guarantees. Acceptance of
    contractual terms does not amount to waiver of
    fundamental rights, and contractual stipulations
    cannot immunize arbitrary State action from
    constitutional scrutiny.

    IV. The State, as a model employer, cannot rely
    on contractual labels or mechanical application of
    Umadevi (supra) to justify prolonged ad-hocism
    or to discard long-serving employees in a manner
    inconsistent with fairness, dignity and
    constitutional governance.

    V. In view of the foregoing discussion, we direct
    the respondent-State to forthwith regularize the
    services of all the appellants against the
    sanctioned posts to which they were initially
    appointed. The appellants shall be entitled to all

    Page 15 of 31
    // 16 //

    consequential service benefits accruing from the
    date of this judgment.”

    5.11. Reliance was also placed to a decision of the High

    Court of Punjab and Haryana rendered in the case of

    Harbans Lal Vs. The State of Punjab and Others,

    CWP 2371 of 2010. High Court of Punjab and

    Haryana in the said judgment has held as follows:

    This view has been followed by a Division Bench
    of this Court in case of Hans Raj Vs. State of
    Punjab and others
    , 2005(3) RSJ, 262. In this case
    the Division Bench examined the Punjab
    Municipal Employees Pension and General
    Provident Fund Rules, 1994. Vide instructions
    dated 8.1.1999, the State of Punjab had provided
    that since the Pension Rules has been made
    applicable in lieu of CPF, the period to be
    considered as qualifying for pension has to be
    restricted to the period for which the employee
    was contributing to his CPF. These instructions
    were held contrary to the Pension Rules by the
    Division Bench. The Division Bench held that the
    said instructions cannot substitute or supplant
    the substantive provisions of the Pension Rules.
    The petitioner was held entitled to count his
    entire service from 1962 to 1998 as qualifying
    service for the purpose of pension. The condition
    that qualifying service would commence from the
    date of contribution to the CPF, has been rejected
    by the Division Bench.

    From the above discussion, we have come to the
    conclusion that the entire daily wage service of
    the petitioner from 1988 till the date of his
    regularization is to be counted as qualifying
    service for the purpose of pension. He will be
    deemed to be in govt. service prior to 1.1.2004.
    The new Re-structured Defined Contribution
    Pension Scheme (Annexure P-1) has been
    introduced for the new entrants in the Punjab
    Government Service w.e.f. 01.01.2004, will not
    be applicable to the petitioner. The amendment
    made vide Annexure P-2 amending the Punjab
    Civil Services Rules, cannot be further amended
    by issuing clarification/instructions dated
    30.5.2008 (Annexure P-3). The petitioner will
    Page 16 of 31
    // 17 //

    continue to be governed by the GPF Scheme and
    is held entitled to receive pensionary benefits as
    applicable to the employees recruited in the
    Punjab Govt. Services prior to 1.1.2004.

    5.12. Reliance was also placed to decision of this Court

    rendered in the case of Rabindra Kumar Jena Vs.

    State of Odisha & Others, in W.P.(C ) Nos.36009 of

    2021 & batch. This Court in Paragraph-20,21 & 22 of

    the said judgment has held as follows:

    20. In view of the provisions contained in Sub-rule(3)
    of Rule-18 the entire work charged period of service
    rendered by the petitioner shall be counted while
    calculating the pensionary benefits payable to the
    petitioners. There is no ambiguity in the said
    provision and the same stand in absolute clear terms.

    Therefore, anyway and argument that Rule 18(8)
    stands in the debars persons like pensionary
    benefits would be illegal and 10 the petitioner to get
    pensionary fallacious.

    21. The next question that falls for consideration is
    whether the new Special Rule(4) to the Pension Rules
    1992 which was amended in the year 2005by virtue
    of Notification Dated 17.09.2005 creates ORISSH an
    embargo for the petitioner to get pension under of
    OCS Pension Rules, 1992. The embargo newly
    introduced by Special Rule 4 to the Rules, 1992 in the
    year 2005 provides that all persons appointed under
    the Government of Odisha with effect from 1″ day of
    January, 2005 shall not be eligible for pension as
    defined to Sub-rule(1) of Rule-3 of the Rules, 1992. In
    new Sub-rule(4) the word that has been used as
    “appointed” and the cut-off date is 01.01.2005. At
    this juncture, this Court requires to examine as to
    whether the word “appointed” used in Sub-rule(4)
    would be restricted in its application only to regular
    appointment/recruitments against the sanctioned
    post after 01.01.2005. The word “appointment” or
    “appointed” has not been defined in the Rules, 1992.
    However, the definition clause. under 1992 provides
    that the words which have not been defined in the
    said Rules, shall ordinarily have the same meaning
    as has been provided under the Odisha Service Code.
    Under the Odisha Service Code appointment has
    Page 17 of 31
    // 18 //

    been categorized in several categories further there
    exists no straight jacket definition of the word
    appointment in Odisha Service Code. Therefore, in
    absence of any specific definition of the word in the
    Rules, the same would be interpreted in its common
    parlance and the way it is understood generally.
    Further, this Court cannot interpret a particular word
    so as to restrict its not such an approach would Book
    meaning, amount re-casting or rewriting the rules.
    Under such circumstances, this Court would
    obviously adopt the golden rule of interpretation and
    give the word its common meaning and the way its
    ordinarily understood i.e. without any categorization
    or classification. Therefore, the embargo which was
    imposed by introducing new Sub-rule(4) is general in
    nature and applies to all appointments irrespective of
    all the classification category, nature etc. made after
    01.01.2005. And such appointments made after
    1.1.2025 shall be governed by the new rule
    appended to Sub-rule(4) of the Rule, 1992.

    22. Considering the fact that the petitioner was
    initially appointed by the Government although in a
    work charged establishment and allowed to continue
    in service uninterruptedly for a period of three
    decades and it is only w.e.f. 31.10.2009, the service
    of the Petitioners were regularized, in such factual
    background, this Court is of the considered view that
    the embargo imposed by introduction of new Sub-
    rule(4) would not be applicable to the facts of the
    present case. Even otherwise also learned counsel for
    the State does not dispute the fact that the petitioner
    was appointed by the Government prior to 2005
    although on ad hoc basis. However, it was submitted
    that he was appointed in a work charge
    establishment in entitled to be coered under the year
    1981 and, therefore, they are the Pension Rules,
    1992.

    5.13. Reliance was also placed to decision of this Court

    rendered in the case of Surendranath Panda Vs. State

    of Odisha & Others, W.P.(C ) Nos.32883 of 2023,

    decided on 22.01.2026. This Court in Para-5 & 5.2 of

    the said judgment has held as follows:

    Page 18 of 31

    // 19 //

    5. Having heard learned counsel for the parties
    and considering the submissions made, this Court
    finds that petitioner was engaged as a NMR in the
    year 1979 and while continuing as such, he was
    regularized vide order dated 19.06.2001 under
    Annexure-1, where he joined on 22.06.2001.

    Petitioner while continuing in such regular
    establishment, he retired on attaining the age of
    superannuation on 30.06.2009 as found from
    Annexure-2. Though it is not disputed that
    petitioner does not have the required qualifying
    service to get the benefit of pension and other
    pensionary benefits, placing reliance on the order
    passed by the Tribunal, so confirmed by this Court
    as well as by the Hon’ble Apex Court with due
    implementation of the same in the case of
    Kulamani Mishra, petitioner raised his claim under
    Annexure-3.

    Xxx xxx xxx

    5.2. Since similar claim allowed by the Tribunal
    confirmed by this Court as well as by the Hon’ble
    Apex Court has been implemented, as found from
    the documents available under Annexure-4 series,
    it is the view of this Court that the ground on which
    petitioner’s claim has been rejected, is not
    sustainable in the eye of law. Once a person
    similarly situated has been extended with the
    benefit, petitioner being similarly situated, is also
    entitled to get similar benefit in view of the decision
    of the Hon’ble Apex Court in the case of Arvind
    Kumar Srivastava and Ram Gopal so cited
    (supra).

    5.14. It is also contended that similar claim when was

    allowed by this Court vide order dt.04.10.2023 in W.P.(C )

    No.31366 of 2023, Writ Appeal filed by the State against

    such order in W.A. NO.1131 of 2024 was dismissed vide

    order dt.29.01.2026. Order dt.29.01.2026 passed in

    W.A. No.1131 of 2024 reads as follows:

    Page 19 of 31

    // 20 //

    “This Intra-Court Appeal by the State and its
    officers calls in question a learned Single Judge’s
    Order dated 04.10.2023, whereby Respondents’
    WP (C) No.31366 of 2023 having been favoured,
    relief has been accorded to him as under

    7. Having heard learned counsel for the
    parties and on careful examination of the
    background facts of the present case and
    keeping in view the well settled position of law
    that once an employee who was working
    initially as DLR, thereafter brought over to
    Work Charged establishment and finally his
    service was regularized shall be considered for
    payment of pensionary benefit by taking into
    consideration as how much period of service
    rendered on Work charged and DLR
    establishment, calculate the minimum
    qualifying period of service for grant of
    pensionary benefit. Such a proposition of law
    as has been propounded by this Court has
    already been accepted by many judgments of
    this Court Keeping in view the aforesaid legal
    position, this Court deems it proper to dispose
    of the Writ Petition by directing the Opposite
    Parties to calculate the minimum qualifying
    service period of the Petitioner taking the
    shortfall period from the service period of the
    Petitioner as work Charged employee/DLR to
    calculate the minimum qualifying service
    period, the benefit which is due und
    admissible to the Petitioner on the basis of his
    last pay drawn accordingly, the same be
    sanctioned and disbursed to the Petitioner
    within a period of two months from the date of
    communication of the certified copy of this
    order. In the event, the Petitioner though is
    getting any other pensionary benefit, the same
    shall be surrendered before the Government.

    Any decision taken be communicated to the
    Petitioner within 10 days of taking such
    decision.

    8. With the aforesaid observations/directions,
    the writ application stands disposed of”

    2 Appeal is filed after brooking a delay of 186
    days and an application is moved supported
    by an affidavit in L.A. No.2913 of 2024 seeking
    its condonation. We have not come across one
    Page 20 of 31
    // 21 //

    Single Appeal of the State filed without
    brooking delay. Be that as it may,

    3. Learned counsel appearing for the
    Respondents very fairly and appreciably
    submits that the subject application be
    allowed and delay be condoned

    We do it and accordingly I.A. is disposed off.

    4 The subject matter of this appeal is
    substantially similar to the one in Writ Appeal
    No. 975 of 2025 between Principal Secretary to
    Government, Works Department, Govt. of
    Odisha, Bhubaneswar v. Ashok Kumar
    Pattanayak and Another heard & disposed off
    by this Bench vide order dated 12.01.2026.
    The State Appeal was dismissed in the said
    case and therefore, this appeal by the State
    has to meet the same fate. Learned counsel
    appearing for the Respondent is justified in
    telling that the case of his client is far better
    than the cognate case, inasmuch as his
    services were regularized w.e.f. 30.10.2018
    and he retired on 30.06.2023.

    Ordered accordingly and Writ Appeal is
    dismissed. Order of the learned Single Judge
    shall be implemented within an outer limit of
    two months, failing which contempt action
    would follow.

    5.15. Not only that following the order in W.P(C )

    NO.31766 of 2023, this Court in its order dt.28.02.2024

    in W.P.(C ) No.4162 of 2024 held as follows:

    22. Furthermore, considering the fact that the
    petitioner has rendered coupled with the fact
    that he more than 33 years of continuous
    service couple was initially appointed by the
    Government in the year 1990 in N.M.R. and
    work charge establishment, this Court is bound
    to give a liberal interpretation to the rules and
    would like to remove the obstacles which stand
    in the way of the petitioner in getting the
    pensionary benefits after working
    Page 21 of 31
    // 22 //

    uninterruptedly for a period of almost three
    decades. This view is supported by a judgment
    of Hon’ble Supreme Court in the case of V.
    Sukumaran vrs State of Kerala and and
    another, reported in (2020) 8 SCC 106, which
    was delivered by relying upon two other
    judgments of Hon’ble Supreme Court in case of
    V. Lakra vrs. Union of India reported in AIR
    1983 SC 130 and Deokinandan Prasad vrs.

    State of Bihar; reported in AIR 1971 SC 1409
    holding that the pension provisions must be
    given a liberal consideration as social welfare
    measure.

    23. In Prem Singh vrs. State of U.P. and others;
    reported in (2019) 10 SCC 516, it was observed
    that appointment of work charged employee not
    made for a particular project work and the
    nature of work was regular and perennial in
    nature on a monthly salary where employees
    were required to cross efficiency bar and were
    also subjected to transfer like regular
    employees, as such, their services were not
    qualitatively different from regular employees
    and hence the Hon’ble Supreme Court further
    held that it would be unfair on the part of the
    State Government to take work from them for
    periods depriving them of their due
    emoluments, during period they works on less
    salary in work charged establishment and also
    declining to count that period as qualifying
    service for pensionary benefits which amounts
    to adopting exploitative device and it was
    further held that in the said case the service
    rendered in work charged establishment
    directed to be treated as qualifying service for
    grant of pension. In the aforesaid reported
    cases, the Hon’ble Supreme Court also directed
    to count service rendered in work charged
    establishment for the purpose of pensionary
    benefits by regularized have also been extended
    with pensionary benefits under the OCS
    Pension Rules, 1992. In this context, learned
    counsel for the petitioner has also filed several
    office orders in the Writ Petition.

    24. In the case at hand, the services rendered
    by the Petitioner in N.M.R. and work charge
    establishment also qualifies for the purpose of

    Page 22 of 31
    // 23 //

    calculating their pensionary benefits under
    Rule 18/3) of the Rules, 1992. Additionally, the
    newly added, Sub-rule(4) which applied to the
    appointments made after 01.01.2005 will have
    no application to the case of the Petitioner, who
    was admittedly appointed in the N.M.R.
    establishment on 1990 and subsequently
    retired from service w.e.f. 31.03.2023.
    Moreover, in absence of any rule specifying any
    particular category of appointment in the newly
    added Sub-rule(4) to Rule-3, it cannot be said
    that the petitioner was not appointed prior to
    the cut-off date i.e. 01.01.2005. Therefore, by
    taking into consideration, the initial date of
    appointment i.e. 1990 as Clerk on N.M.R. basis,
    it cannot be said that the petitioner was
    appointed prior to 01.01.2005 and, as such, the
    embargo Rule-3(4) would be attracted to the
    facts of the petitioner’s case Moreover, similarly
    situated employees, who were initially engaged
    in work charged establishment and were
    subsequently regularized have also been
    extended with pensionary benefits under the
    OCS Pension Rules, 1992. In this context,
    learned counsel appearing for the Petitioner has
    also filed several office orders in the Writ
    Petition.

    25. Therefore, this Court directs the Opposite
    Parties to consider the case of the Petitioner for
    pensionary benefits by permitting the Petitioner
    to submit the pension papers afresh and in that
    event, if the pension papers, in proper form, is
    submitted before the authority concerned
    within a period of one month from today, the
    authority concerned shall do well to consider
    the same and grant pensionary benefits as due
    and admissible to the Petitioner within a period
    of two months thereafter, if there are no other-
    legal impediment.

    5.16. Learned counsel appearing for the Petitioners

    also contended that similar claim made by one

    Kulamani Mishra when was allowed by the Tribunal

    vide its order dt.03.09.2013 in O.A. No.2639(C) of 2012,
    Page 23 of 31
    // 24 //

    the same was assailed by the State before this Court in

    W.P.(C ) No.20762 of 2015. However, after dismissal of

    the Writ Petition by this Court vide order dt.22.03.2016

    as well as by the Apex Court vide order dt.30.09.2016 in

    Special Leave to Appeal (Civil Appeal No.18127 of 2016),

    benefit of pension and pensionary benefit has been

    extended in favour of the said Kulamani Mishra with

    extension of the benefit of pension from the date of his

    eligibility vide order dt.23.02.2019 of Executive

    Engineer, Jagatsinghpur Irrigation Division.

    5.17. It is accordingly contended that since similar

    benefit has been extended in favour of Kulamani Mishra,

    Petitioners being similarly situated, they cannot be

    discriminated, in view of the decision of the Hon’ble

    Apex Court in the case of (i) State of Uttar Pradesh

    and Others Vs. Arvind Kumar Srivastav and Others,

    (2015) 1 SCC (ii) State of Karnataka Vs. C. Lalitha

    (2006) 2 SCC 747. Not only that, order passed in the

    case of Harbans Lal so cited supra was confirmed by

    the Apex Court while dismissing the appeal vide order

    dt.30.07.2012 in SLP(C) No.23578 of 2012 & SLP (C )

    Page 24 of 31
    // 25 //

    No.17901 of 2011 (State of Punjab and Others Vs.

    Harbans Lal).

    5.18. Hon’ble Apex Court in the case of Arvind Kumar

    Srivastav in Para-13 & 22 has held as follows:

    13. In State of Karnataka v C. Lalitha state of
    Karnataka v C Lalitha, (2006) 2 SCC 747 2006 SCC
    (L&S) 447), which is the next case relied upon by the
    learned counsel for the respondents, our attention was
    draum to the following passage from the said judgment
    (SCC p. 756, para 29)

    “29 Service jurisprudence evolved by this Court from
    time to time postulates that all persons similarly
    situated should be treated similarly. Only because one
    person has approached the court that would not mean
    that persons similarly situated should be treated
    differently. It is furthermore well settled that the
    question of seniority should be governed by the rules. It
    may be true that this Court took notice of the
    subsequent events, namely, that in the meantime she
    had also been promoted Commissioner which was a
    Category I post but the direction to create a
    supernumerary post to adjust her must be held to have
    been issued only with e view to accommodate her
    therein as otherwise she might have been reverted and
    not to which she was not otherwise entitled to.”

    xxx xxx xxx

    22. The legal principles which emerge from the reading
    of the aforesaid judgments cited both by the appellants
    as well as the respondents can be summed up as
    under.

    22.1. The normal rule is that when a particular set of
    employees is given relief by the court, all other
    identically situated persons need to be treated alike
    would by extending that benefit. Not doing so amount to
    discrimination and would be violative of Article 14 of the
    Constitution of India. This principle needs to be applied
    in service matters more emphatically as the service
    jurisprudence evolved by this Court from time to time
    postulates that all similarly situated persons should be
    treated similarly. Therefore, the normal rule would be
    that merely because other similarly situated persons did

    Page 25 of 31
    // 26 //

    not approach the Court earlier, they are not to be treated
    differently.

    22.2. However, this principle is subject to well-

    recognised exceptions in the form of laches and delays
    as well as acquiescence. Those persons who did not
    challenge the wrongful action in their cases and
    acquiesced into the same and woke up after long delay
    only because of the reason that their counterparts who
    had approached the court earlier in time succeeded in
    their efforts, then such employees cannot claim that the
    benefit of the judgment rendered in the case of similarly
    situated persons be extended to them. They would be
    treated as fence-sitters and laches and delays, and/or
    the acquiescence, would be a valid ground to dismiss
    their claim.

    22.3. However, this exception may not apply in those
    cases where the judgment pronounced by the court was
    judgment in rem with intention to give benefit to all
    similarly situated persons, whether they approached
    the court or not. With such a pronouncement the
    obligation is cast upon the authorities to itself extend
    the benefit thereof to all similarly situated persons. Such
    a situation can occur when the subject-matter of the
    decision touches upon the policy matters, like scheme of
    regularisation and the like (see K.C. Sharma v. Union of
    India [K.C. Sharma
    v. Union of India, (1997) 6 SCC 721:

    1998 SCC (L&S) 226/). On the other hand, if the
    judgment of the court was in personam holding that
    benefit of the said judgment shall accrue to the parties
    before the court and such an intention is stated
    expressly in the judgment or it can be impliedly found
    out from the tenor and language of the judgment, those
    who want to get the benefit of the said judgment
    extended to them shall have to satisfy that their petition
    does not suffer from either laches and delays or
    acquiescence.

    5.19. Reliance was also placed to a decision of the

    Apex Court in the case of State of Karnataka &

    Others Vs. C. Lalitha, (2006) 2 SCC 747. Hon’ble

    Apex Court in para 29 of the decision in the case of C.

    Lalitha has held as follows:

    Page 26 of 31

    // 27 //

    “29. Justice demands that a person should not be
    allowed to derive any undue advantage over other
    employees. The concept of justice is that one
    should get what is due to him or her in law. The
    concept of justice cannot be stretched so as to
    cause heart-burning to more meritorious
    candidates. Moreover, at the end of the day, the
    Respondent has got what could be given to her in
    law. As of now, she had already been enjoying a
    higher scale of pay than what she would have got
    if she was to join the post of Assistant Controller.

    We, therefore, are of the opinion that interest of
    justice would be sub-served if she is allowed to
    continue in her post and direct the Appellant to
    consider her seniority in the Administrative Service
    in terms of the order of this Court dated 15th
    March, 1994 that she would be the last in the
    seniority list of the appointees in the post of
    Category I Assistant Commissioner (Karnataka
    Administrative Service).”

    5.20. Making all these submissions, learned counsel

    appearing for the Petitioners contended that appropriate

    direction be issued to the Opp. Parties to extend the

    benefit of pension and pensionary benefits in favour of

    the Petitioners as provided under OCS (Pension) Rules,

    1992

    6. Learned Addl. Government Advocate on the other

    hand raised a preliminary objection with regard to

    maintainability of the Writ Petition contending inter alia

    that since prior to approaching the Opp. Parties, the

    present Writ Petitions have been filed inter alia seeking a

    direction to extend the benefit of pension and
    Page 27 of 31
    // 28 //

    pensionary benefits, the Writ Petitions at it’s threshold

    is not maintainable.

    6.1. Bereft of the aforesaid submission, it is contended

    that since Petitioners admittedly have not the required

    qualifying service to get the benefit of pension as

    provided under Rule 47(5)(i) of the Rules, no such

    benefit can be extended in their favour. It is also

    contended that knowing fully well that Petitioners will

    not have the required qualifying service in the regular

    establishment, since they accepted the benefit of

    regularization while continuing in the work-charged

    establishment, after retirement from the said

    establishment, Petitioners cannot claim extension of the

    benefit of pension and pensionary benefits under the

    Rules. It is accordingly contended that since Petitioners

    do not have the required qualifying service, no direction

    be issued directing for extension of the benefit, as

    prayed for.

    7. Having heard learned counsel appearing for the

    parties and considering the submission made, this court

    finds that both the Petitioners which is not disputed are
    Page 28 of 31
    // 29 //

    engaged as NMR/DLR prior to 12.04.1993 i.e. the cut-off

    date fixed by the Finance Department in its resolution

    dt.15.05.1997. However, it is found that on the face of

    such continuance as a NMR/DLR prior to 12.04.1993,

    Petitioners were never regularized on completion of the

    required tenure of engagement as NMR/DLR in terms

    of the resolution dt.15.05.1997.

    7.1. Not only that, on the face of the order passed by

    the Apex Court in the case of Uma Devi so cited supra,

    no step was taken to absorb the Petitioners in the

    regular establishment, who had completed more than 10

    years of services without being protected by any interim

    order from any Court of law.

    But in order to circumvent the direction of the

    Apex Court, Petitioners were brought over to the work-

    charged establishment w.e.f 01.03.2009.

    7.2. It is also found that both the Petitioners were

    brought over to the regular (wages) establishment, prior

    to their retirement and both of them retired on attaining

    the age of superannuation, but without having the

    Page 29 of 31
    // 30 //

    required qualifying service to get the benefit of pension

    and pensionary benefits.

    7.3. Placing reliance on the decisions so cited supra,

    this Court is of the view that Petitioner’s claim is

    required to be considered by the Opp. parties to get the

    benefit of pension and pensionary benefits under the

    Rules. For the admitted latches on the part of the State

    authority in not absorbing the Petitioners on the face of

    such long continuance, Petitioners cannot be deprived of

    the benefit of pension and other pensionary benefits.

    This Court accordingly while disposing both the Writ

    Petitions, permits the Petitioners to make a detailed

    representation before Opp. Party No.1 claiming the

    benefit of pension and pensionary benefits as provided

    under the Rules.

    7.4. It is observed that if such a representation will be

    filed within a period of three (3) weeks hence, Opp. Party

    No. 1 shall do well to take a lawful decision on the same

    within a period of 3 (three) months from the date of

    receipt of such representation. The order so passed by

    Opp. Party No. 1 be communicated to the Petitioner.

    Page 30 of 31

    // 31 //

    7.5. It is however observed that, while taking such a

    decision relevancy and effect of the decisions, so cited

    supra, be taken into consideration and so also the benefit

    extended in favour of Kulamani Mishra in its proper

    perspective.

    8. With the aforesaid observation and direction, both

    the Writ Petitions stand disposed of.

    9. Photocopy of the order be placed in the connected

    case.

    (Biraja Prasanna Satapathy)
    Judge

    Orissa High Court, Cuttack
    Dated the 7th March, 2026 /Sangita

    Signature Not Verified
    Digitally Signed
    Signed by: SANGITA PATRA
    Reason: AUTHENTICATION OF ORDER
    Location: HIGH COURT OF ORISSA, CUTTACK
    Date: 10-Mar-2026 11:01:30

    Page 31 of 31



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