2025 INSC 259
SUPREME COURT OF INDIA
(HON’BLE
SUDHANSHU DHULIA, J. AND HON’BLE AHSANUDDIN AMANULLAH, JJ.)
STATE OF ODISHA
Petitioner
VERSUS
SUDHANSU SEKHAR JENA
Respondent
Civil
Appeal No. Of 2025 @ Special Leave Petition (Civil) No.2146 Of 2024 State Of
Odisha & Ors. …Appellant(S) Versus Sudhansu Sekhar Jena …Respondent(S) With
Civil Appeal No. Of 2025 @ Special Leave Petition (Civil) No. 4655 Of 2024 With
Civil Appeal No. Of 2025 @ Special Leave Petition (Civil) No. 4401 Of 2024 With
Civil Appeal No. Of 2025 @ Special Leave Petition (Civil) No. 2196 Of 2024 With
Civil Appeal No. Of 2025 @ Special Leave Petition (Civil) No. 2120 Of
2024withcivil Appeal No. Of 2025@ Special Leave Petition (Civil) No. 2426 Of
2024 With Civil Appeal No(S). Of 2025@ Special Leave Petition (Civil) No(S). Of
2025 Diary No.3352 Of 2024 With Civil Appeal No(S). Of 2025@ Special Leave
Petition (Civil) No(S). Of 2025 Diary No.3400 Of 2024 With Civil Appeal No. Of
2025 @ Special Leave Petition (Civil) No. 2335 Of 2024 With Civil Appeal No. Of
2025 @ Special Leave Petition (Civil) No. 2226 Of 2024 With Civil Appeal No. Of
2025 @ Special Leave Petition (Civil) No. 2334 Of 2024 With Civil Appeal No. Of
2025 @ Special Leave Petition (Civil) No. 2903 Of 2024 With Civil Appeal No. Of
2025 @ Special Leave Petition (Civil) No. 4527 Of 2024 With Civil Appeal No. Of
2025 @ Special Leave Petition (Civil) No. 6223 Of 2024 With Civil Appeal No(S).
Of 2025@ Special Leave Petition (Civil) No(S). Of 2025 Diary No. 5151 Of 2024
With Civil Appeal No. Of 2025 @ Special Leave Petition (Civil) No. 6355 Of 2024
With Civil Appeal No. Of 2025 @ Special Leave Petition (Civil) No. 6209 Of 2024
With Civil Appeal No. Of 2025 @ Special Leave Petition (Civil) No. 4402 Of 2024
With Civil Appeal No. Of 2025 @ Special Leave Petition (Civil) No. 4656 Of
2024with Civil Appeal No. Of 2025@ Special Leave Petition (Civil) No. 4792 Of
2024 With Civil Appeal No. Of 2025@ Special Leave Petition (Civil) No. 4789 Of
2024 With Civil Appeal No. Of 2025@ Special Leave Petition (Civil) No. 4688 Of
2024 With Civil Appeal No. Of 2025@ Special Leave Petition (Civil) No. 4788 Of
2024 With Civil Appeal No. Of 2025@ Special Leave Petition (Civil) No. 6087 Of
2024 With Civil Appeal No. Of 2025@ Special Leave Petition (Civil) No. 4687 Of
2024 With Civil Appeal No. Of 2025@ Special Leave Petition (Civil) No. 4438 Of
2024 With Civil Appeal No(S). Of 2025@ Special Leave Petition (Civil) No(S). Of
2025 Diary No. 6393 Of 2024 With Civil Appeal No. Of 2025 @ Special Leave
Petition (Civil) No. 4766 Of 2024 With Civil Appeal No. Of 2025 @ Special Leave
Petition (Civil) No. 5720 Of 2024 With Civil Appeal No. Of 2025 @ Special Leave
Petition (Civil) No. 6258 Of 2024 With Civil Appeal No(S). Of 2025@ Special
Leave Petition (Civil) No(S). Of 2025 Diary No. 7382 Of 2024 With Civil Appeal
No. Of 2025 @ Special Leave Petition (Civil) No. 6567 Of 2024 Withcivil Appeal
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Appeal No. Of 2025 @ Special Leave Petition (Civil) No. 20559 Of 2024 With
Civil Appeal No. Of 2025 @ Special Leave Petition (Civil) No. 20556 Of 2024
With Civil Appeal No. Of 2025 @ Special Leave Petition (Civil) No. 20343 Of
2024 With Civil Appeal No(S). Of 2025@ Special Leave Petition (Civil) No(S). Of
2025 Diary No. 23885 Of 2024 With Civil Appeal No(S). Of 2025@ Special Leave
Petition (Civil) No(S). Of 2025 Diary No. 24310 Of 2024 With Civil Appeal
No(S). Of 2025@ Special Leave Petition (Civil) No(S). Of 2025 Diary No. 28961
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Petition (Civil) No(S). Of 2025 Diary No. 5977 Of 2024 With Civil Appeal No(S).
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Diary No. 27167 Of 2024 With Civil Appeal No(S). Of 2025@ Special Leave
Petition (Civil) No(S). Of 2025 Diary No. 28274 Of 2024 With Civil Appeal
No(S). Of 2025 @ Special Leave Petition (Civil) No(S). Of 2025 Diary No. 28760
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Petition (Civil) No(S). Of 2025 Diary No. 20764 Of 2023
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Of 2025 Diary No. 45705 Of 2024 With Civil Appeal No(S). Of 2025@ Special Leave
Petition (Civil) No(S). Of 2025 Diary No. 32613 Of 2024 With Civil Appeal
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Diary No. 27568 Of 2024-Decided on 21-02-2025
Service Law
Odisha Civil Services
(Pension) Rules, 1992, Rule 18(6) – Service Law – Service Period Counting
- Service as ‘Job Contractors’ –
Counting for pensionary benefits – Delay and laches – Costs - Held that a clear distinction has been made between
the work charged establishment and job contract establishment in the Rules there
is a clear distinction between the employees who are in workcharged establishment
vis-ŕ-vis those who are in job contract establishment - The distinction becomes
obvious from a bare perusal of sub-rules 3 and 6 of Rule 18 of the Rules, 1992
where it is given that work-charged employees who have worked in the
establishment for a period of five years or more without interruption and are
subsequently appointed to the same or another post in temporary or substantive
capacity in a pensionable establishment, the period of service rendered by
him/her in a work-charged establishment shall qualify for pension under the
Rules, 1992 [Subrule (3) of
Rule 18] - Compare this with the provision relating to
job contract establishment [subrule
(6) of Rule 18] for whom it has been specifically stated that in
case of a job contract employee, after he/she is brought in pensionable establishment,
only that much period as job contract service shall be added to regular service
as would make him qualify or eligible for pensionary benefits - there is a
clear distinction between the employees who are in workcharged establishment
vis-ŕ-vis those who are in job contract establishment. The distinction becomes
obvious from a bare perusal of subrules 3 and 6 of Rule 18 of the Odisha
Pension Rules, 1992 where it is given that workcharged employees who have
worked in the establishment for a period of five years or more without
interruption and are subsequently appointed to the same or another post in
temporary or substantive capacity in a pensionable establishment, the period of
service rendered by him/her in a workcharged establishment shall qualify for
pension under the Odisha Pension Rules, 1992 [Sub-rule Rule (3) of Rule 18] - Compare this with the
provision relating to job contract establishment [Sub rule (6) of Rule 18]
for whom it has been specifically stated that in case of a job contract
employee, after he/she is brought in pensionable establishment, only that
much period as job contract service shall be added to regular service as would
make him qualify or eligible for pensionary benefits - Whether the work of the
two are actually performing is similar or not cannot be examined as the same
was not challenged - Therefore, not in a position to determine whether the
classification itself between the work charged establishment and job contract
establishment is artificial or an unequal classification to make it violative
of the Article 14 of the Constitution of India and this aspect left open
- Considering the facts and circumstances of the case, these appeals allowed
- Since the delay caused in these appeals before the High Court and this
Court is inexcusable in all such cases, which were belatedly filed are hereby set apart from the rest, only for
the purpose of payment of costs - Consequently, in all such cases the State
shall pay an amount of Rupees One Lakh Fifty Thousand, to the employee
concerned - Due to the delay in filing of Special Leave Petitions some
petitions were dismissed earlier - Now, in terms of this order here, the State
may file its review, within four weeks from today.
(Para
14 to 21)
JUDGMENT
Sudhanshu Dhulia, J.:- Delay condoned. Leave
granted.
2.
In all these appeals which are before this Court, the State of Odisha has
challenged the order of the Division Bench of the Orissa High Court by which
their Writ Appeals were dismissed due to inordinate delay in filing of Writ
Appeals. Even this Court had earlier dismissed a few Special Leave Petitions on
the same dispute, which were belatedly filed even before this Court. All
the same, we are now examining the cases on its merits considering the
importance of the matter(s). Nevertheless, the casual manner in which the State
authorities, particularly the concerned department of the State and the Land
Records office Surveys Office have handled the matters is a matter of concern.
3.
It is not a case concerning a few employees, rather it affects a large number,
and in turn, the State Exchequer. It is for this reason that we were persuaded
to look into these matter(s), although initially, we were not inclined to
interfere, considering the lethargic approach of the State in pursuing these
matters, and the inordinate delay caused, which was never explained in any
satisfactory manner. The State though kept filing one Special Leave Petition
after another before this Court, not in one go but one after another, most of
them belatedly, to complete a mere formality. For this reason, many of these
petitions have been dismissed on the ground of delay itself as stated earlier,
as Courts do not come to rescue those who sleep over their rights. Be it the
State. The liability of the State on this issue will be addressed towards the
end. Now, since we are taking up these matters, what will be the fate of the
already dismissed petitions after our determination, we will address at
the end.
4.
In the State of Odisha, apart from regular employees who are working on
sanctioned posts in various departments of the State, there are also a large
number of employees, who were working as ‘Job Contractors’, who are mainly
engaged for purposes of survey and preparation of maps and for the purposes of
consolidation of land holdings etc. Their services were not pensionary services
and thus even when they had put in long years of service as Job Contractors
their services were not counted for pensionary benefits, and they were not
given any pension post their retirement. The Rules which were applicable in the
State of Odisha at the relevant point of time with which we are concerned are
known as Odisha Civil Services (Pension) Rules, 1992 (hereinafter referred to
as “Odisha Pension Rules, 1992”).
5.
Then a case came up before the Division Bench of the Orissa High Court, i.e.
Settlement ClassIV Job Contract Employees Union, Balasore v. State of Orissa
& Ors. (O.J.C No.2147/1991) (hereinafter “Job Contract Employees Union”),
which was decided on 24.03.1992. The High Court considered the nonpayment of
pension to Job Contractors as an unfair practice and even violative of Article
14 of the Constitution of India. Many of the Job Contractors were
subsequently regularised in service but in most cases, this happened towards
the end of their service where these employees had not completed the mandatory
period of pensionable service which was 10 years. Hence, the Job Contractors
though regularised in service before their retirement, were still not entitled
for pension. The High Court in the said judgment said as under:
“13. … This apart, for
the purpose of calculating the pensionary benefit, so much of their earlier
service period shall be reckoned, even if there had been breaks in their
employment, so as to make them eligible for pension. The necessity of giving
this direction has been felt because, if service rendered after regularisation
alone shall be counted for pensionary benefit, most of the present incumbents
would be denied the same, because to earn pension, ten years minimum service is
necessary, which most of the incumbents at hand would not put in after
regularisation as they would retire before completing this period having been
appointed two decades back.”
The State of Odisha
subsequently published an Office Memorandum dated 12th December, 1997 where it
repeated what has been said by the High Court in its Division Bench Judgment,
while counting a part of the service of Job Contractors for grant of pension:
“2. According to
Finance Department Resolution No. 22764F, dated the 15th May 1997, the job
contract employees appointed prior to the 12th April 1993 (after which there is
a ban for engagement of such employees) under the administrative control of
different Departments can be brought over to the posts created under
regular/pension establishment after completion of 10 years, service as
jobcontract employees subject to fulfilment of certain conditions and
stipulations outlined therein. According to the provisions contained in the
said Office Memorandum, the date of regularisation shall be reckoned as the
first appointment to the service for pension and other benefits. It has come to
the notice of the Government that some of the jobcontract employees are
absorbed under the regular establishment almost towards the end of their
service and become ineligible to get the pensionary benefits due to length of
regular Government service in pensionable establishment. This has caused
hardship to such type of employees.
3. The Hon’ble High
Court of Orissa in their judgment dated the 24th January, 1992 in O.J.C. No.
2147/91 directed that ‘for the purpose of calculating the pensionary benefit,
so much of their service period shall be reckoned, even if there had been
breaks in their employment, so as to make them eligible for pension’. The
Hon’ble Orissa Administrative Tribunal have also in their judgment in O.A. No.
1545 (C)/96 have categorically directed to count that much period of
jobcontract service of the employees which will make them eligible for
pensionary benefits.
4. After careful
consideration of the matter, State Government have been pleased to decide that
for the purpose of pensionary benefits only, so much of their jobcontract
service period shall be added to the period of qualifying service in regular
establishment as would render them eligible for pension. Addition of that
portion of jobcontract service shall not be counted for calculation of
gratuity.”
Thereafter, in the
year 2001, an amendment was finally brought in the Odisha Pension Rules, 1992
wherein subRule 6 was added to Rule 18 of the said Rules, which reads as under:
“(6) Notwithstanding
anything contained in clause (i) & (iii) of subrule (2), a person who is
initially appointed in a job contract establishment, and is subsequently
brought over to the post created under regular/pensionable establishment, so
much of his job contract service period shall be added to the period of his
qualifying service in regular establishment and would render him eligible for
pensionary benefits.” [Vide Finance
Department Notification No.45856/F., dt.01.09.2001.]
The judgment of Orissa
High Court, the subsequent Circular of the Government and then the amended
Rules, all three gave pensionary benefit to employees who were Job Contractors
earlier, but provided that only such period of their service as ‘Job
Contractors’ will be counted for pensionary benefits as was sufficient to
entitle them for pension. The claim of Job Contractors for considering the
entire period of their service for calculation of their pension was negated and
only limited years of service was to be counted in terms of the above, which
would suffice for their entitlement for pension. These provisions were never
challenged before any court.
6.
All the same, on 21.10.1994, the Orissa Administrative Tribunal in Bhagaban
Pattnaik v. State of Orissa (T.A No.11/1993), on a total misinterpretation and
reading of Job Contract Employees Union (Supra) case, held that the entire
period of Job Contract Employment should be considered for calculation of
pension. This ruling was followed by the Tribunal when it ordered inclusion of
entire period of Job Contract Employment in calculation of pension in Nityanand
Biswal v. State of Orissa & Ors. [O.A No.3020(C)/2003].The State of Odisha
unsuccessfully tried to challenge these decisions of the Tribunal before the
High Court and this Court. Clearly, the Tribunal had misinterpreted the ratio
of Job Contract Employees Union case. We will deal this aspect later.
7.
All the same, the same Tribunal in its later decisions such as in All Orissa
Settlement and Land Consolidation Non Gazetted Technical Officers Association
v. State of Orissa & Ors. [O.A No.3665(C) of 2001] and connected cases on
25.03.2011, considered the amended SubRule 6 of Rule 18 of Odisha Pension Rules,
1992 along with the judgment of the Orissa High Court in Job Contract
Employees Union (Supra) and dismissed the claim of the Association for
inclusion of the entire Job Contract employment period while calculating
pension.
8.
Following the principle laid down in Job Contract Employees Union (Supra),
another Division Bench of the Orissa High Court in State of Orissa v.
Nityanand Das & Ors. [W.P(C) No.11503/2008] upheld the view of the State
and dismissed other such similar claims. Thereafter, learned Single Judge
of Orissa High Court in Judhistir Padhy v. State of Odisha & Ors. [WPC
(OAC) No. 2276/2012] again dismissed the claim of similarly situated persons,
although the State Government was directed to consider if any further
concession can be made to the employees.
In
compliance with the said direction, the State Government once again considered
the question whether the entire service can be counted towards calculation of
pensionary benefit and it was again turned down by a speaking order, dated 02.07.2022.
This order has never been challenged by any employee before any Court.
Thereafter, in Chintamani Panda v. State of Odisha & Ors. [W.P.C (OAC)
No.3741/2015] and Pitambar Hota v. State of Odisha [W.P.C (OAC)
No.2622/2015], the Orissa High Court again rejected a similar claim of the
employees relying on Judhistir Padhy (Supra).
9.
In the present batch of cases, the learned Single Judge of the High Court
relied upon the judgment of the Tribunal in Nityanand Biswal (Supra) and
ordered that the entire service period be counted for calculation of pension of
Job Contract employees. The writ appeals were filed belatedly by the State and
were dismissed on the grounds of latches.
10.
We are totally in agreement with the submissions made by learned Senior Advocate,
Shri P.S. Patwalia, that the order of the learned Single Judge cannot be
sustained. Moreover, as stated at the outset, the Division Bench Judgment
dismissed the Writ Appeals of the State on the first day itself, undoubtedly on
the grounds of delay. Had the Division Bench given them an opportunity, the
State would have explained the entire legal position and the exfacie anomaly in
the order of the Single Judge.
11.
At this stage, we must put on record the distinction between workcharged
employees and job contractors. Although, this point was never argued before
this Court by any of the two parties, we must nevertheless in all fairness
state the law as it stands today for workcharged employees, as distinct
from job contractors.
12.
There are judgments of this Court which have directed that the entire service
of a workcharged employee has to be counted for pensionary benefits, once such
an employee is regularised in service. The reference here would primarily be to
a three Judge Bench decision of this Court in Prem Singh vs. State of
Uttar Pradesh and Others (2019) 10 SCC 516 which has relied on two earlier
decisions of this Court and has held that once work charged employees are
regularised in service, their entire period of service in a workcharged establishment
has to be counted for pensionary benefits. But then, that was said by this
Court in context of service rules and regulations relating to Punjab,
Uttarakhand and finally, Uttar Pradesh [in Prem Singh (Supra)]. The
Rules though did not provide for pensions to such employees. Although, in
a recent two Judge Bench decision, this Court in Uday Pratap Thakur and
Another vs. The State of Bihar and Others (2023) SCC OnLine SC 527, while
denying the benefit of entire period of service (as work charged employees) to
these employees for calculation of pension, this Court had held that the
ruling of the three Judge Bench is in an entirely different context and stated
as under:
“22. Insofar as the
submission on behalf of the appellants that their entire services rendered as
work charged should be considered and/or counted for the purpose of
pension/quantum of pension is concerned, the same cannot be accepted. If the
same is accepted, in that case, it would tantamount to regularizing their
services from the initial appointment as work charged. As per the catena of
decisions of this Court, there is always a difference and distinction between a
regular employee appointed on a substantive post and a work charged employee
working under work charged establishment. The work charged employees are not
appointed on a substantive post. They are not appointed after due process of
selection and as per the recruitment rules. Therefore, the services rendered as
work charged cannot be counted for the purpose of pension/quantum of pension.
However, at the same time, after rendering of service as work charged for
number of years and thereafter when their services have been regularized, they
cannot be denied the pension on the ground that they have not completed the
qualifying service for pension. That is why, the service rendered as work
charged is to be counted and/or considered for the purpose of qualifying
service for pension, which is provided under Rule 5(v) of the Rules, 2013.
23. Now, insofar as
the reliance placed upon the decision of this Court in the case of Prem
Singh (supra) by the learned counsel appearing on behalf of the appellants
is concerned, the reliance placed upon the said decision is
absolutely misplaced. In the said case, this Court was considering the validity
of Rule 3(8) of the U.P. Retirement Benefit Rules, 1961, under which the
entire service rendered as work charged was not to be counted for qualifying
service for pension. To that, this Court has observed and held that after
rendering service as work charged for number of years in the Government
establishment/department, denying them the pension on the ground that they have
not completed the qualifying service for pension would be unjust, arbitrary and
illegal. Therefore, this Court has observed and held that their services
rendered as work charged shall be considered/counted for qualifying service.
This Court has not observed and held that the entire service rendered as work
charged shall be considered/counted for the quantum of pension/pension. 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.”
13. In
our respectful opinion, the above interpretation by the two Judge Bench of this
Court regarding the three Judge Bench decision in Prem Singh (supra)
does not appear to be correct as the three Judge Bench has been quite
unambiguous in asserting that the entire period of service of the workcharged
employees has to be counted for pension.
14.
Be that as it may, we are still unable to grant the same relief to the
respondent(s) as has been given to the work charged employees by this court and
as indeed was their prayer before the High Court and also before this Court.
The reason being that in the Odisha Pension Rules 1992, a clear distinction
has been made between the work charged establishment and job contract
establishment. In order to keep a proper perspective, we need to refer to Rule
18 of the above rules which is as follows:
“18. Conditions subject to which service qualifies
(1) Service does not
qualify for pension unless it is rendered in a pensionable establishment /post.
(2) The entire
continuous temporary or officiating service under Government without
interruption in the same post or any other post, shall count for the purpose of
pension in respect of all categories of Government servants except in the
following cases, namely:
(i) Period of service
in a non pensionable establishment;
(ii) Period of service
in the work charged establishment;
(iii) Period of
service paid from contingencies;
(iv) Where the
employee concerned resigns and is not again appointed to service under
Government or is removed/dismissed from public service;
(v) A probationer who
is discharged from service for failure to pass the prescribed test or
examination;
(vi) Reemployed
pensioner, Government servants engaged on contract and Government servants not
in whole time employment of Government;
(vii) Service paid
from Local Fund or Trust Fund;
(viii) Service in an
office paid by fees whether levied by law or under authority of the Government
or by Commission; and
(ix) Service paid out
of the grant in accordance with Law or Custom.
(3) Notwithstanding
anything contained in clauses (i) and (ii) of subrule (2) a person who is
initially appointed by the Government in a work charged establishment for a
period of five years or more and is subsequently appointed to the same or
another post in a temporary or substantive capacity in a pensionable
establishment without interruption of duty, the period of service so rendered
in work charged establishment shall qualify for pension under this rule.
(4) Notwithstanding
anything contained in sub rule (1) Government, may, by general or special
order, prescribe any class of service or post which were previously born under
work charged establishment or paid from contingencies to be pensionable.
(5) Notwithstanding
anything contained in sub rules (1) and (2) in case of a Government servant
belonging to Government of India or other State Government on his permanent
transfer to the State Government the continuous service rendered by him under
pensionable establishment of Government of India or any other State Government,
as the case may be, shall count as qualifying service for pension.
(6) Notwithstanding
anything contained in clause (i) & (iii) of subrule (2), a person who is
initially appointed in a job contract establishment and is subsequently brought
over to the post created under regular/ pensionable establishment, so much of
his job contract service period shall be added to the period of his
qualifying service in regular establishment and would render him eligible for
pensionary benefits. (Vide Finance Department Notification No.45865/F.,
dt.01.09.2001)”
(Emphasis
provided)
15.
As stated earlier, there is a clear distinction between the employees who are
in workcharged establishment visŕvis those who are in job contract
establishment. The distinction becomes obvious from a bare perusal of subRules
3 and 6 of Rule 18 of the Odisha Pension Rules, 1992 where it is given that
workcharged employees who have worked in the establishment for a period of five
years or more without interruption and are subsequently appointed to the same
or another post in temporary or substantive capacity in a pensionable
establishment, the period of service rendered by him/her in a workcharged
establishment shall qualify for pension under the Odisha Pension Rules, 1992 [SubRule (3) of Rule 18] . Compare this
with the provision relating to job contract establishment [SubRule (6) of Rule 18] for whom it has been specifically
stated that in case of a job contract employee, after he/she is brought in
pensionable establishment, only that much period as
job contract service shall be added to regular service as would make him
qualify or eligible for pensionary benefits.
16.
Again, as we have already stated in the preceding paragraphs, these Odisha
Pension Rules, 1992 or the distinction under the law have not been challenged
before any Court. As we have already stated, this was also the point which was
never even mentioned before this Court, leave aside any argument being made by
any of the parties in this regard. We are, therefore, at a loss to examine as
to whether the work the two are actually performing is similar or not?
Therefore, we are not in a position to determine whether the classification
itself between the work charged establishment and job contract establishment is
artificial or an unequal classification to make it violative of
the Article 14 of the Constitution of India. Though, we may, however,
mention at this stage that the work charged employees are governed by the
Orissa Work Charged Employees (Appointment and Conditions of Service) Instructions,
1974 which are issued by the General Administration Department of the State
Government which defines such workcharged establishment as follows:
“2(1)(q) “Workcharged
establishment” means an establishment where the pay and allowances of the
employees are charged to the item of work for which they are employed.”
(Emphasis
provided)
17.
On the other hand, employees in the job contract establishment are associated
with survey and settlement and map publication as well as consolidation
operations in the State and their service conditions are governed by the
Consolidation Manual issued under Orissa Consolidation of Holdings and
Prevention of Fragmentation of Land Act, 1972.
18.
As we have already stated above, we are not in a position to give a finding as
to whether the distinction between the two is artificial, being only a
difference of nomenclature, and also whether effectively, they both are
performing regular work, for the reason that no arguments have been made by any
side on this aspect. We, therefore, leave this aspect open.
19.
Presently, in the cases before us, and for reasons which have already given
above, considering the facts and circumstances of the case, these appeals are
hereby allowed.
20.
Having made the above determination, we also feel that it is our duty to bring
on record the extreme carelessness and lethargic manner in which the State has
been pursuing these cases, both in the High Court and before this Court. The
delay caused by them is inexcusable. Nevertheless, we have heard these matters
for reasons we have already stated in the preceding paragraphs in the
earlier part of this judgment. All such cases, which were belatedly filed, both
before the High Court in Appeal and then before this Court as Special Leave
Petitions, are hereby set apart from the rest, only for the purpose of payment
of costs. Consequently, in all such cases the State shall pay an amount of
Rupees One Lakh Fifty Thousand, to the employee concerned. This amount shall be
deposited in the account of the employees, or as the case might be, within a
period of four weeks from today. This order shall not be made effective till
the above amount is deposited in the account of each of such employees.
21.
Due to the delay in filing of Special Leave Petitions some petitions were
dismissed earlier as we have stated in the preceding paragraphs. Now, in terms
of our order here, the State may file its review, within four weeks from today.
22.
Interim orders, if any, stand vacated.
23.
All pending application(s), if any, is/are disposed of.
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