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ITEM NO.301 COURT NO.12 SECTION XI-A

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 7979/2024

[Arising out of impugned final judgment and order dated 18-10-2023

in WA No. 2121/2023 passed by the High Court of Orissa at Cuttack]

STATE OF ODISHA & ANR. Petitioner(s)

VERSUS

SARAT LENKA Respondent(s)

(IA No. 73114/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED

JUDGMENT)

WITH

SLP(C) No. 9004/2024 (XI-A)

FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA
73117/2024
IA No. 73117/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT

SLP(C) No. 9003/2024 (XI-A)

FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA
76296/2024
IA No. 76296/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT

SLP(C) No. 7980/2024 (XI-A)

FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA
71670/2024
IA No. 71670/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT

Diary No(s). 17849/2024 (XI-A)

FOR CONDONATION OF DELAY IN FILING ON IA 180038/2024
FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA
180039/2024
FOR CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS ON IA
180040/2024
IA No. 180038/2024 - CONDONATION OF DELAY IN FILING
IA No. 180040/2024 - CONDONATION OF DELAY IN REFILING / CURING THE
Signature Not Verified

DEFECTS
Digitally signed by
Jayant Kumar Arora
Date: 2025.04.09

IA No. 180039/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED

17:56:03 IST
Reason:

JUDGMENT
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SLP(C) No. 10630/2024 (XI-A)

FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA
98442/2024
FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA
98445/2024
IA No. 98442/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 98445/2024 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES

Diary No(s). 18229/2024 (XI-A)

IA FOR CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS ON IA
179803/2024
FOR CONDONATION OF DELAY IN FILING ON IA 179806/2024
FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA
179808/2024
IA No. 179806/2024 - CONDONATION OF DELAY IN FILING
IA No. 179803/2024 - CONDONATION OF DELAY IN REFILING / CURING THE
DEFECTS
IA No. 179808/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT

Diary No(s). 26105/2024 (XI-A)

IA FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA
265590/2024
FOR CONDONATION OF DELAY IN FILING ON IA 265594/2024
FOR CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS ON IA
265596/2024
IA No. 265594/2024 - CONDONATION OF DELAY IN FILING
IA No. 265596/2024 - CONDONATION OF DELAY IN REFILING / CURING THE
DEFECTS
IA No. 265590/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT

Diary No(s). 32532/2024 (XI-A)

FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA
171678/2024
FOR CONDONATION OF DELAY IN FILING ON IA 171679/2024
IA No. 171679/2024 - CONDONATION OF DELAY IN FILING
IA No. 171678/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT

Diary No(s). 40592/2024 (XI-A)

FOR CONDONATION OF DELAY IN FILING ON IA 208692/2024
FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA
208693/2024
IA No. 208692/2024 - CONDONATION OF DELAY IN FILING
IA No. 208693/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT

Diary No(s). 42066/2024 (XI-A)

IA FOR CONDONATION OF DELAY IN FILING ON IA 216786/2024
FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA
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216787/2024
IA No. 216786/2024 - CONDONATION OF DELAY IN FILING
IA No. 216787/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT

Diary No(s). 42082/2024 (XI-A)

IA FOR CONDONATION OF DELAY IN FILING ON IA 216317/2024
FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA
216318/2024
IA No. 216317/2024 - CONDONATION OF DELAY IN FILING
IA No. 216318/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT

SLP(C) No. 26460/2024 (XI-A)

Diary No(s). 48693/2024 (XI-A)

[FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA
262760/2024
FOR CONDONATION OF DELAY IN FILING ON IA 262761/2024
FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA
262762/2024
IA No. 262761/2024 - CONDONATION OF DELAY IN FILING
IA No. 262760/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 262762/2024 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES

Diary No(s). 48699/2024 (XI-A)

FOR CONDONATION OF DELAY IN FILING ON IA 262833/2024
FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA
262834/2024
FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA
262835/2024
IA No. 262833/2024 - CONDONATION OF DELAY IN FILING
IA No. 262834/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 262835/2024 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES

Date : 03-04-2025 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE SUDHANSHU DHULIA

HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH

For Petitioner(s) : Mr. Pitambar Acharya, Advocate General

Mr. Rohit Amit Sthalekar, AOR
Mr. Purnendu Bajpai, Adv.
Mr. Shashank Singh, Adv.
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Mr. Pitambar Acharya, Advocate General

Mr. Dhananjaya Mishra, AOR
Ms. Rashi Mangal, Adv.

Mr. Shibashish Misra, AOR

Mr. Pitamber Acharya, Advocate General

Mr. Niranjan Sahu, AOR
Ms. Shivangi Gupta, Adv.
Ms. Mallika Yadav, Adv.
Mr. Kumar Gaurav, Adv.

Mr. Pitambar Acharya, Advocate General

Mr. Gaurav Khanna, AOR

For Respondent(s) : Mr. Kumar Gaurav, Adv.

Mr. B. Ravindra Kumar, Adv.
Mr. :prashant Bharadwaj, Adv.
Mr. Patta Arun Kumar, Adv.
Ms. Kristen Sleeth, Adv.
Mr. Tom Joseph, AOR

Mr. Dhananjay Bhaskar Ray, AOR

Mr. Merusagar Samantaray, AOR

Mr. Abinash Barik, Adv.
Ms. Ayushi Upadhyay, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Diary No(s). 26105/2024 [Item No. 301.7] and Diary No(s).

32532/2024 [Item No. 301.8]

The above matters are detagged from the present batch of

matters and shall be listed after two weeks before appropriate

Bench.

SLP (C) No. 7979/2024, SLP(C) No. 9004/2024, SLP(C) No. 9003/2024,

SLP(C) No. 7980/2024, Diary No(s). 17849/2024, SLP(C) No.

10630/2024, Diary No(s). 18229/2024, Diary No(s). 40592/2024, Diary

No(s). 42066/2024, Diary No(s). 42082/2024, SLP(C) No. 26460/2024,

Diary No(s). 48693/2024, Diary No(s). 48699/2024

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Delay condoned.

This matter relates to the pensionary benefits to the

respondents and the only question before this Court is whether they

are liable to get pension. All the respondents were earlier

getting their pension but thereafter, it was suddenly withdrawn.

The respondents are all daily rated employees who were

subsequently regularized in their service as Government servants.

The learned Single Judge of the High Court has passed an order

in favour of the private respondents regarding their right to get

the pension under the Pension Scheme and the writ appeal against

this order was dismissed by the Division Bench of the High Court,

as it was filed belatedly.

Prior to this, however, there was an order delivered by the

Tribunal on 23.11.1995 with the following directions :-

“5. In this case Map publication is permanent in

nature. There is justification to exploit those
semi-skilled and high-skilled employees on
payment of minimum wages for a long period. Apex
Court, Orissa High Court and this Tribunal have
not appreciated this conduct of the State
Government and whenever matters have been brought
to their notice, it has been directed that a
scheme should be prepared and such employees
should be given regular appointments in scales of
pay available, by phases. This Tribunal has also
in many cases, finding the plight of the Job
Contract employee and work-charged employees
retired without being regularized, directed that
the entire period shall be taken to be the period
as qualified service for the purpose of pension.
In one of the cases it has been directed that
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even if minimum wage is paid the minimum should

be the minimum in the scale of pay of similar
employees discharging equal function and should
not be lesser than that.

6. Taking all these decisions into consideration

I direct respondents that a scheme will be
prepared within six months from the date receipt
of a copy of this order to absorb the existing
casual skilled and highly-skilled employees and
by phases all will be absorbed within three
years, so that they will retire as regular
employees to get the benefit of their service.
Till they continue as casual employees, they
shall be paid the minimum in the scale applicable
to such posts in similar organization. This shall
be worked out within three months from the date
of receipt of a copy of this order and the
payment shall be made immediately thereafter.
Once the principle is decided, no joint
application will be entertained and individual
employee aggrieved has to approach the Tribunal
for redressal his grievance under section 19 of
the Act.”

We have been informed by the learned Advocate General

appearing for the State that the above order was challenged in SLP

(C) No. 19310 of 1996, which was dismissed by this Court vide order

dated 26.03.1999.

The State of Odisha framed a Scheme on 15.05.1997. The

relevant portion of the Scheme is extracted below :-

“1. Separate Graduation/Seniority list shall be

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prepared by the Appointing 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 concerned directly for
a minimum period of 10 years. The engagement of
240 days in a year shall be construed as a
complete year of engagement for this purpose.

8. While filling up the regular vacant posts

preference shall be given to workcharged
employees first. Where no suitable work-charges
employees are available to man the post
preference shall be given in the following order
i.e. N.M.R., D.L.R., Job Contract Workers and
others.

9. On absorption in a regular establishment of

the worker shall draw the minimum of the time
scale attached to the post and other allowances
as admissible under rules from time to time.

10. The date of regularization shall be reckoned

as the 1st appointment to the service for pension
and other service benefits.”

In other words, the Scheme was not in compliance of the order

of the Tribunal where a Scheme had to be framed by the State of

Odisha by 23.05.1996 i.e. within six months from the date of the

order dated 23.11.1995 and the daily wage workers (known as DLR –

Daily Labour Return) were to be absorbed on permanent cadre in the

service of the Govt. of Odisha. This has not been done. It is

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only being done in a phased manner, which is not how it was

ordered. The present batch of respondents before us are those who

were regularised only in the year 2007 and though they were getting

pension under the Old Pension Scheme earlier, the same was

withdrawn because of the objections of the Accountant General.

As we have already stated, there was an order of the learned

Single Judge of the High Court in favour of the respondents and

they are liable to get the pension. On these facts, the learned

Advocate General has made a very fair submission before this Court

that those respondents who have already been absorbed in Government

service and have retired after rendering a long service in the

State of Odisha, are liable to get pension, but fixing a pension

for them from 1995 onwards may put a very heavy burden on the

Exchequer.

Under these circumstances, we direct that the respondents

would be liable to get the pension from 01.06.1999 on the basis of

the fact that the Central Administrative Tribunal had directed to

formulate a Scheme within six months and thereafter, the

implementation of the scheme had to be done within three years.

For this reason, the date of 01.06.1999 would be a reasonable date.

The respondents shall be given the pension including their arrears

(if any) within a period of 12 weeks from today.

It is made clear that this order is passed on the peculiar

facts of the present case.

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In view of above, the Special Leave Petitions are disposed of.

Pending interlocutory application(s), if any, is/are disposed

of.

(JAYANT KUMAR ARORA) (RENU BALA GAMBHIR)

ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR