LexSTATE OF ODISHA & ORS. versus SUDHANSU SEKHAR JENA
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[2025] 2 S.C.R. 1295 : 2025 INSC 259 State of Odisha & Ors. v. Sudhansu Sekhar Jena (Civil Appeal No. 2803 of 2025) 21 February 2025 [Sudhanshu Dhulia* and Ahsanuddin Amanullah, JJ.] Issue for Consideration Issue arose as regards the computation of pensionary benefits of Job contract employees, only such period of their service as ‘Job Contractors’ to be counted for pensionary benefits as was sufficient to entitle them for pension or the entire period of Job Contract Employment; and the order of the Division Bench of the High Court dismissing the writ appeals filed by the State due to inordinate delay. Headnotes† Service law – Odisha Civil Services (Pension) Rules, 1992 – r.18 (6) – Pensionary benefits – Computation, of employees employed as a ‘Job Contractor’ – Only such period of their service as ‘Job Contractors’ to be counted for pensionary benefits as was sufficient to entitle them for pension or the entire period of Job Contract Employment – Order passed by the Single Judge of the High Court that the entire service period be counted for calculation of pension of Job Contract employees – Writ appeals thereagainst by the State – Dismissed due to inordinate delay in filing the appeals – Challenge to: Held: Order of the Single Judge of the High Court not sustainable – Unable to grant relief to respondents-Job Contract employees that has been granted by the Court to work-charged employees – Under the 1992 Rules, clear distinction between the work-charged establishment and job contract establishment, however, the 1992 Rules and the distinction under the law not challenged before any Court – Thus, 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 * Author 1296 [2025] 2 S.C.R. Supreme Court Reports regular work – Nevertheless, the State has been pursuing these cases in extreme careless and lethargic manner – Delay caused by them is inexcusable – Thus, the State to pay cost of Rupees One Lakh Fifty Thousand to the employees concerned in cases belatedly filed. [Paras 10, 14, 16, 18, 20] Odisha Civil Services (Pension) Rules, 1992 – r.18 sub rule 3 and 6 – Work charged employees and job contractors – Distinction between: Held: Work-charged employees are those 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 to qualify for pension under the Rules – As regards the job contract employee, after he/she is brought in pensionable establishment, only that much period as job contract service to be added to regular service as would make him qualify or eligible for pensionary benefits. [Para 15] Deprecation – Inordinate delay – Procedural lapses by State authorities and Land Records office Surveys Office – Matters handled in a careless, casual and lethargic manner both in the High Court and before this Court, causing inordinate delay, which was never explained in any satisfactory manner – Thus, the State to pay Rupees One Lakh Fifty Thousand, to the employee concerned. [Paras 3, 20] Case Law Cited Settlement Class-IV Job Contract Employees Union, Balasore v. State of Orissa & Ors., O.J.C No. 2147/1991; Bhagaban Pattnaik v. State of Orissa, T.A No. 11/1993; Nityanand Biswal v. State of Orissa & Ors., O.A No. 3020(C)/2003; All Orissa Settlement and Land Consolidation Non-Gazetted Technical Officers Association v. State of Orissa & Ors., O.A No. 3665(C) of 2001; State of Orissa v. Nityanand Das & Ors., W.P(C) No. 11503/2008; Judhistir Padhy v. State of Odisha & Ors., WPC (OAC) No. 2276/2012; Chintamani Panda v. State of Odisha & Ors., W.P.C (OAC) No. 3741/2015; Pitambar Hota v. State of Odisha, W.P.C (OAC) No. 2622/2015; Prem Singh v. State of Uttar Pradesh and Others [2019] 11 SCR 1075 : (2019) 10 SCC 516; Uday Pratap Thakur and Another v. [2025] 2 S.C.R. 1297 State of Odisha & Ors. v. Sudhansu Sekhar Jena The State of Bihar and Others [2023] 4 SCR 530 : (2023) SCC OnLine SC 527 – referred to. List of Acts Constitution of India; Odisha Civil Services (Pension) Rules, 1992; Orissa Work Charged Employees (Appointment and Conditions of Service) Instructions, 1974; Orissa Consolidation of Hol
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