The State Of Odisha vs. Premalata Mohanty

COURT NO.5

SECTION XI-A

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diarv No. 15529/2024 (Arising out of impugned final judgment and order dated 13-11-2023 in WA No. 250/2023 passed by the High Court of Orissa at Cuttack)

ADDL. CHIEF SECRETARY TO GOVT. OF ODISHA & ORS. Petitioner(s)

VERSUS

GANESWAR BISWAL

Respondent $(s)$

(FOR ADMISSION and I.R. and IA No.203185/2024-CONDONATION OF DELAY IN FILING and IA No.203186/2024-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS ) WITH Diarv No(s). 24445/2024 (XI-A) ( IA No.141893/2024-CONDONATION OF DELAY IN FILING and IA No.141889/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 25092/2024 (XI-A)

No.204639/2024-CONDONATION OF DELAY IN FILING $(IA)$ and $\mathbf{I}\mathbf{A}$ No.204640/2024-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS)

Diary No(s). 31713/2024 (item no. 66) (I.R. and IA No.207258/2024-CONDONATION OF DELAY IN FILING and IA No.207259/2024-CONDONATION OF DELAY IN REFILING / CURING THE $$

WITH Diary No(s). 35142/2024 (XI-A) No.205322/2024-CONDONATION $\mathsf{OF}$ DELAY $\mathbf{I}\mathbf{N}$ FILING $\quad\text{and}\quad$ $TA$ (IA No.205323/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Date: 17-09-2024 These petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE S.V.N. BHATTI

	For Petitioner(s) Ms. Sharmila Upadhyay, AOR
	Mr. Sarvjit Pratap Singh, Adv.

Signature Not Verified
Digitally signed by<br>Rajni Mukhi
Date: 2024-09.19
17:10:13 IST
Reason:

• Mr. Gaurav Khanna, AOR Ms. Natasha Sahrawat, Adv.
• Ms. Deepali Bhanot, Adv.

Mr. Rudraksh Pandev, Adv.

Mr. Gautam Barnwal, Adv. Ms. Alisha Roy, Adv.

Mr. Som Raj Choudhury, AOR

For Respondent(s) Mr. Aldanish Rein, AOR

UPON hearing the counsel the Court made the following O R D E R

Diary Nos. 15529/2024, 25092/2024, 31713/2024 & 35142/2024

1. Delay condoned.

2. Learned counsel would point out that this matter was disposed of by the learned Single Judge of the High Court following the decision in the case of Narusu Pradhan Vs. State of Odisha" rendered on 11.06.2009 in O.A. No. 1189(c) of 2006 by the Odisha Administrative Tribunal. The issue was whether the tenure of service in the work charge establishment rendered by the respondents should count towards computing the retirement benefits.

3. Issue notice.

4. Tag with SLP (C)Dy. No. 33400 of 2023.

5 In the meantime, the interim order dated 22.03.2021 in SLP ( C) Dy.NO. 6184/2021 will operate in the present matters as well.

Diary No. 24445/2024

6. Delay condoned.

7. Learned counsel submits that the issue here is whether the respondent is entitled to be covered under the New Pension Scheme or the OCS (Pension) Rules, 1992. Similar cases are already pending before this Court.

8. Issue notice.

9 Tag with SLP (C) No. 11856 of 2020.

10. Mr. Aldanish Rein, learned counsel appears for the respondent on caveat.

(RAJNI MUKHI) (KAMLESH RAWAT)

COURT MASTER (SH) ASSISTANT REGISTRAR

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