The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.1495 of 2024 Sridhar Kumar Sethi State of Odisha and others -versus- …. Petitioner Mr.S.Palit, Sr. Advocate along with Mr.S.Kar, Advocate …. Opposite Parties Mr.D.Nayak, A.G.A. CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 30.01.2024 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. A memo of appearance in favour of Mr.Subir Palit, learned Senior Advocate is filed, to plead for the Petitioner, which is kept on record. 3. Heard Mr. S. Palit, learned Senior counsel along with Mr. S. Kar, learned counsel appearing for the Petitioner as well as Mr. D.Nayak, learned Additional Government Advocate for the State- Opposite Parties. Perused the writ application as well as the documents annexed thereto. 4. The Petitioner has filed the present writ application with the following prayer: “It is, therefore, prayed that Your Lordships be graciously pleased to admit the writ petition directing Opp. Party No.1 to take a decision on the representation of the petitioner Dt.25.10.2023 at Annexure-22 of the petition within a period of four weeks, after calling from the concurrence of the Opp. Parties No.3 and 6 of the writ petition. // 2 // And further be pleased to pass any order(s)/ direction(s) as this Hon'ble Court would deem fit and proper.” 5. Learned Senior counsel appearing for the Petitioner at the outset submitted that the present Petitioner was initially appointed as Group-A (JB) of Odisha Police Service vide notification dated 04.01.2023 of the Govt. of Odisha, Home Dept. On being duly selected, the petitioner reported for training on 10.02.2023. It is further stated by learned Senior counsel appearing for the petitioner that prior to the selection of the Petitioner in the OPS cadre, he was serving as an OFS-I (JB) cadre. While undergoing training at the time of BPSPA, Bhubaneswar, it was detected that the health condition of the Petitioner is not conducive to continue in the police service as he was unable to quick stand the rigorous training versus. Learned Senior counsel for the petitioner further contended that on medical examination was detected that the Petitioner is suffering from psoriatic arthritis. On detection of such disease the police authorities found that the Petitioner was unable to continue in police service. Accordingly, the Petitioner submitted a representation on 27.03.2023 for repatriation to his previous service the OFS-I (JB) cadre citing his medical condition. 6. He further contended that considering the medical condition of the Petitioner, the authorities felt that the Petitioner is unable to compete the rigorous police training and hence his representation dated 27.03.2023 was forwarded vide letter dated 13.04.2023 for consideration by the previous Administrative Dept. i.e. Finance Dept. of Govt. of Odisha. The Home Dept., Govt. of Odisha vide letter No.33759/ SPS, Bhubaneswar dated 18.08.2023 intimated that the // 3 // Finance Dept. has allowed the present petitioner to go back his earlier service on repatriation and to join in the OFS cadre. However, such permission was subject to certain conditions as laid out in letter dated 18.08.2023 under Annexure-19 to the writ application. 7. Further, referring to Annexure-19 to the writ application, learned Senior counsel appearing for the petitioner contended before this Court that the repatriation of the Petitioner from the OPS cadre to OFS cadre was allowed by the Finance Dept., Govt. of Odisha subject to fulfillment of the stipulations under Odisha Government Servants’ application for the Posts Rules, 1964 for counting his past service and for sanction of DCRG and protection of pay. The other conditions was stipulated in letter under Annexure-19 are that the inter se seniority of the Petitioner will be at the bottom of gradation list on the date of reversion into the OFS cadre and the Administrative Dept. i.e. the Home Dept. is to take Government orders at their level along with concurrence of GA & PG Dept. and OPSC. On perusal of the letter under Annexure-19 is revealed that the another important condition was imposed with regard to furnishing the consent of the Petitioner regarding the acceptance of the above condition mentioned in the Finance Dept. letter particularly with regard to the seniority of the petitioner in the OFS cadre. Thereafter, the present Petitioner furnished his consent vide letter dated 25.10.2023 under Annexure-22 to the writ application thereby agreeing to all the conditions imposed by the Finance Dept. including the condition with regard to seniority of the Petitioner. Since no further action was taken after the Petitioner furnished his consent, then the Petitioner submitted several representations before the Additional Chief Secretary, Home Dept. by taking further again in // 4 // the matter. However, no decision was taken with regard to repatriation of the Petitioner from OPS cadre to OFS cadre. As a result of which the Petitioner was finding a difficult to undergo the rigorous Police training and he was being suffered unnecessarily due to inaction on the part of the Opposite Parties in taking a final decision with regard to repatriation of the Petitioner from OPS to OFS cadre. 8. Finally, a Special DGP, BPSPA, Odisha, Bhubaneswar wrote a letter to the Additional Chief Secretary, Home Dept. on 04.11.2023 under Annexure-23 to the writ application. On perusal of the aforesaid letter it appears that the Special DGP has narrated the entire background of the Petitioner’s case and also recommended the case of the Petitioner for repatriation to the OFS cadre as the medical condition of the Petitioner is deteriorating day-by-day and it is not suitable to put to the Petitioner to rigorous physical training. Despite such letter dated 04.11.2023, no decision has been taken by the Administrative Dept. i.e. Home Dept., Govt. of Odisha. In the aforesaid factual background, learned Senior Counsel appearing for the petitioner submitted that the Opposite Party No.1 be directed to take necessary follow up steps as has been suggested in the letter under Annexure-19 to the writ application within a stipulated period of time. 9. Learned Additional Government Advocate for the State on the other hand contended that on perusal of letter dated 18.08.2023 under Annexure-19 it appears that the Finance Dept. has already taken a decision and they have expressed their willingness to accept the Petitioner on repatriation subject to certain conditions. He further contended that the repatriation of the Petitioner from OPS cadre to // 5 // OFS cadre is possible subject to the petitioner fulfilling all the conditions laid down by the Finance Dept., which was communicated vide letter dated 18.08.2023 under Annexure-19. Learned Additional Government Advocate also contended that the Govt. is taking steps in the matter. Since the matter involves two departments of the Government, final decision is taking sometime. However, he further contended that in the event if this Court directs the Opposite Party No.1 i.e. Additional Chief Secretary, Home Dept. to take follow up action pursuant to the decision under Annexure-19 to the writ application then he will have no objection to the same. 10. Having regard to the submissions of learned counsels appearing for the respective parties and the materials on record, this Court is of the view that in view of the letter dated 18.08.2023 under Annexure-19, it is the Administrative Dept. i.e. Home Dept. which is required to take Govt. orders and to obtain the concurrence of the G.A. & P.G. Dept. as well as OPSC. Further, there is nothing on record and there is no instruction with the Additional Govt. Advocate with regard to the follow up action taken pursuant to the letter dated 18.08.2023 under Annexure-19. In such view of the matter, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Opposite Party No.1 to act pursuant to the decision under Annexure-19 to the writ application and accordingly necessary concurrence to obtain from the G.A. & P.G. Dept. as well as the OPSC within a period of six weeks from the date of communication of certified copy of this order. It is further directed that after obtaining the concurrence and subject to the consent of the Petitioner, which is stated to have been furnished in the meantime before the competent authority, the Opposite Parties shall expedite // 6 // the whole process and take necessary steps for early repatriation of the Petitioner from the OPS cadre to the OFS cadre in accordance with the law and the rules applicable to the Petitioner’s case. Let the entire process be carried out within a period of two months from the date of communication of certified copy of this order. 11. With the aforesaid observation, the writ application stands disposed of. 12. Issue urgent certified copy of this order as per Rules. 13. A free copy of this order be handed over to the learned Additional Government Advocate. Anil ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 02-Feb-2024 18:00:00