IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No. 2425 of 2024 State of Odisha and another …. Appellants Mr. Subha Bikash Panda, AGA -versus- Sarat Chandra Mishra and another …. Respondents Mr. P. K. Mohapatra, Advocate CORAM: JUSTICE DIXIT KRISHNA SHRIPAD JUSTICE CHITTARANJAN DASH Order No. 01. ORDER 02.02.2026 I.A. No.6457 of 2024 There is a delay of 65 days in filing the Writ Appeal. For the reasons stated in I.A. No.6457 of 2024, which disclose sufficient cause, the delay is condoned. The I.A. is allowed. (Dixit Krishna Shripad) Judge (Chittaranjan Dash) Judge W.A. No.2425 of 2024 1. This intra-court appeal is directed against the judgment passed in W.P.(C) No.1333 of 2022, whereby the learned Single Judge quashed the rejection order dated 09.12.2021 and directed the appellants to regularise the service of the respondent at least one day prior to his superannuation and to extend consequential pensionary benefits. 2. The respondent was engaged as a work-charged employee and had been serving in the post of Store Clerk since 02.09.1993. Upon attaining the age of superannuation on 31.01.2022, his claim for conversion of his work-charged post to a post under the Regular Wages Establishment and for grant of regular pension was rejected by order dated 09.12.2021, whereby his representations dated 30.09.2020 and 06.10.2021 were turned down. 3. Challenging the said rejection, the respondent filed the writ petition relying upon the relevant Government Resolutions and policy decisions governing conversion to the Regular Wages Establishment and grant of pension, as well as the vacancy position disclosed under the RTI information. The learned Single Judge, upon consideration of the materials on record, quashed the impugned order and directed the appellants to regularise the service of the respondent at least one day prior to the date of his retirement against any available vacant post in the Regular Wages Establishment and, if necessary, by creating such post, and further directed payment of retirement and pensionary benefits. 4. It is not in dispute that the respondent had rendered long and continuous service in the work-charged establishment from 1993 till his superannuation in January, 2022. The denial of pension is essentially founded upon the refusal to convert his post to the Regular Wages Establishment prior to retirement. Page 3 of 3 5. The issue is squarely covered by the decision of this Court in State of Odisha & Ors. vs. Basanti Das, ordered in W.A. No.1598 of 2024. In the absence of any distinguishing feature, the present appeal stands covered by the aforesaid judgment. 6. The appellants shall treat the respondent as notionally regularised at least one day prior to his superannuation by bringing him over to the Regular Wages Establishment and, if required, by creating a supernumerary post, and shall extend retirement and pensionary benefits within a period of two months from the date of communication of this judgment. 7. In consequence, all the pending I.As. are also disposed of. Web copy of the order to be acted upon by all concerned. ( Dixit Krishna Shripad ) Judge ( Chittaranjan Dash ) Judge AKPradhan Designation: Junior Stenographer