State Of Odisha vs. Baishnab Charan Das

ITEM NO.24 + 62 COURT NO.6 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

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 16317/2024

(Arising out of impugned final judgment and order dated 12-10-2023 in WA No. 759/2023 passed by the High Court Of Orissa At Cuttack)

STATE OF ODISHA & ORS. Petitioner(s)

VERSUS

KAILASH CHANDRA ACHARYA & ANR. Respondent(s)

(FOR ADMISSION and I.R. and IA No.89582/2024-CONDONATION OF DELAY IN FILING and IA No.89581/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT )

WITH

Diary No(s). 15271/2024 (XI-A) (FOR ADMISSION and I.R. and IA No.90647/2024-CONDONATION OF DELAY IN FILING and IA No.90648/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Diary No(s). 4714/2024 (XI-A) ( IA No.90242/2024-CONDONATION OF DELAY IN FILING and IA No.90245/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.90244/2024-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS)

Diary No(s). 8223/2024 (XI-A) (FOR ADMISSION and I.R. and IA No.87174/2024-CONDONATION OF DELAY IN FILING and IA No.87175/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.87173/2024-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS)

Diary No(s). 8227/2024 (XI-A) ( IA No.88590/2024-CONDONATION OF DELAY IN FILING and IA No.88576/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

SLP(C) No. 5270/2024 (XI-A) (FOR ADMISSION and I.R. and IA No.52192/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Diary No(s). 5400/2024 (XI-A) ( IA No.54435/2024-CONDONATION OF DELAY IN FILING and IA No.54437/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Digitally signed by Jayant Kumar Arora Date: 2024.04.30 13:13:27 IST Reason: Signature Not Verified

Diary No(s). 6704/2024 (XI-A) (FOR ADMISSION and I.R. and IA No.51859/2024-CONDONATION OF DELAY IN FILING and IA No.51860/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

WITH

ITEM NO.62

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 11558/2024

([TO BE TAKEN UP ALONG WITH ITEM NO.24 I.E. Diary No. 16317/2024]..... IA No.89754/2024-CONDONATION OF DELAY IN FILING and IA No.89752/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT )

WITH Diary No(s). 8591/2024 (XI-A) ( IA No.74369/2024-CONDONATION OF DELAY IN FILING)

Diary No(s). 13596/2024 (XI-A) ( IA No.92430/2024-CONDONATION OF DELAY IN FILING and IA No.92431/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Date : 22-04-2024 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA

For Petitioner(s)	Mr. Kiran Kumar Patra, AOR<br>Mr. Chandrashekhar Padhi, Adv.<br>Mr. Chandan Maity, Adv.
	Mr. Som Raj Choudhury, AOR<br>Ms. Shrutee Aradhana, Adv.
	Mr. Gaurav Khanna, AOR<br>Ms. Natasha Sahrawat, Adv.<br>Ms. Deepali Bhanot, Adv.<br>Mr. Rudraksh Pandey, Adv.<br>Mr. Gautam Barnwal, Adv.
	Dr. Nitya Thakur, Adv.<br>Mr. Prasenjeet Mohapatra, AOR<br>Mr. Rajasmit Mondal, Adv.
	Ms. Anindita Pujari, AOR<br>Ms. Radhika Rani Mohapatra, Adv.<br>Mr. Shaileshwar Yadav, Adv.<br>Ms. Bhumika Chouksey, Adv.

Ms. Sharmila Upadhyay, AOR Mr. Sarvjit Pratap Singh, Adv.

For Respondent(s) Mr. Pabitra Kumar Biswal, Adv. Mrs. Durga Devi Panda, Adv. Mr. Gautam Kumar Laha, Adv. Mr. Krishna, Adv. Mr. Harisha S.R., AOR

Mr. Aldanish Rein, AOR

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

SLP(CIVIL) Diary No(s). 16317/2024	[Item No. 24]
DIARY NO(S). 15271/2024	[Item No. 24.1]
DIARY NO(S). 4714/2024	[Item No. 24.2]
SLP DIARY NO(S). 11558/2024	[Item No. 62]
DIARY NO(S). 8591/2024	[Item No. 62.1]
Diary No(s). 13596/2024	[Item 62.2]

Delay condoned.

2. The learned counsel draws this Court's attention to the order passed in the similar matter i.e., SP(Civil) No.2146/2024, of a similar job contract employee.

3. Issue notice. The concerned respondent(s) may continue to receive the pension as fixed earlier. The direction given by the learned Single Judge shall remain stayed in the meantime.

4. Tag with SLP(Civil) No.2146/2024.

De-tag rest of the matters from the above matter

DIARY NO(S). 8223/2024 [Item No. 24.3] DIARY NO(S). 8227/2024 [Item No. 24.4] SLP(C) NO. 5270/2024 [Item No. 24.5] DIARY NO(S). 6704/2024 [Item No. 24.7]

Delay condoned.

2. The learned counsel for the State of Odisha points out that this Court had issued notice on the State's SLP in the similar matter pertaining to medical professionals appointed on contractual basis. The respondents here are seeking pension under the old pension rules and such relief was granted by the learned Single Judge.

3. Issue notice. Tag with SLP (Civil) Diary No.41679 of 2023.

Diary No(s). 5400/2024 [Item No. 24.6]

Delay condoned.

2. The issue here is whether Old Pension Rules or the New Pension Rules will apply for the respondent(s) in the present matter.

3. Issue notice. Tag with SLP (Civil) Diary No.41679 of 2023.

(DEEPAK JOSHI) (KAMLESH RAWAT) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR