The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.4658 of 2025 State Transport Retired Employees Federation , Odisha,bbsr -versus- 1) State Of Odisha 2) Chief Secretary To Govt.,bbsr 3) Principal Secy. To Govt.,bbsr 4) Chairman-cum-managing Director, Osrtc, Paribahan Bhawan, Old Bus Stand, Bhubaneswar, 5) General Manager, Osrtc, Paribahan Bhawan, Old Bus Stand, Bhubaneswar, ..... Petitioner ..... Represented By Adv. - Kamalakanta Nayak Opposite Parties Represented By Adv. - M/s Amitav Tripathy, Ashok Kumar Behera
Legal Reasoning
Mr.Samaresh Jena, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Decision
ORDER 19.03.2025 Order No. 02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as the learned Additional Standing Counsel for the State and Mr.Amitav Tripathy, learned counsel or Opposite Party No4 & 5. Perused the Writ Petition as well as the documents annexed thereto. 3. The Petitioner has filed the present Writ Petition with the following prayer : “ Under the facts and circumstances stated above it is therefore, prayed that your Lordships may Page 1 of 4. be graciously pleased to issue notice to the Opposite Parties calling upon them to show cause as to why the prayer made in this application by the Petitioner for issuance of direction to the Management of OSRTC for modification of order No.12019 dated 26.07.2013 (vide Annexure-4) to the extent that the Revised Scale of Pay Rules, 2008 is applicable with effect from 01.01.2006 in respect of employees of erstwhile State Transport Service and pay all the differential amount to such employees and quash all the issued against different employees concerned and if the Opposite Parties fail to show cause or show insufficient cause Your Lordship may please be passed order/direction to pay such differential amount to all the members and employees of erstwhile State Transport Service within a reasonable period or may please pass direction to dispose of the petition dated 11.12.2024 vide Annexure-6 within a time bound period favourably.” rejection orders And/or pass any other order/directions to the Opposite Part4ies according facts and circumstances of the case as deemed fit and proper.” the to 4. Learned counsel for the Petitioner at the outset contended that earlier the Petitioner approached this Court by filing a W.P.(C) No.14567 of 2024 with a prayer for payment of arrear differential amount to some of the retired employees of the OSRTC by implementing the ORSP Rules, 2008 in respect of their pay scale. He further contended that despite disposal of the Writ Petition vide order dated 02.07.2024 directing the Opposite Party No.2 to consider and examine Annexur-9 and to take a decision on the same by providing opportunity of personal hearing to one of the representatives of the Petitioner and to take a final decision within a period of eight weeks. The Opposite Parties have not taken any final decision on the grievance of the Petitioner involved in the representation under Annexure-9 to the previous Writ Petition. Being aggrieved by Page 2 of 4. such inaction, the Petitioner again filed the present Writ Petition. 5. Learned Additional Standing Counsel for the State on the basis of instruction dated 01.03.2025 from the Office of the C.M.D., Opposite Party No.4 to the Writ Petition submitted before this Court that pursuant to the direction of this Court in the earlier Writ Petition a meeting was convened by the Chief Secretary, Odisha and the Petitioner representative was given an opportunity of hearing in such meeting. The Letter dated 01.03.2025 further reveals that the General Manger (A), OSRTC was directed to submit a detailed report on the matter vide letter dated 24.10.2024. In response to the aforesaid letter, the detailed report along with relevant papers were submitted to the C & T(T), Department, Government of Odisha vide Corporation Letter dated 04.11.2024. The C.M.D,- Opposite Party no.4 was also requested to participate in the discussion on 07.12.2024. Since the meeting could not be convened on that date, again vide letter dated 22.12.2024 information was provided to the Government with regard to total amount due for payment to the Petitioner for taking further action at their level. The said letter further revels that information has been submitted before the Government in Commerce and Transport (T) Department vide Opposite Party No.4’s letter No.569 dated 15.01.2025 and as per the detailed calculation a total dues of 97 employees of the federation are Rs.3,10,90,360/-. Awaiting further instruction from the Government, no final decision has been taken with regard to disbursal of the aforesaid amount by Opposite Party no.4. Page 3 of 4. 6. Mr.Tripathy, learned counsel appearing for Opposite Party Nos.4 & 5 on the other hand supported the contention of the learned State counsel. He further contended that awaiting instruction from the government on letter dated 15.01.2025 no final decision has been taken on the same. In such view of the matter, learned counsel for Opposite Party Nos. 4 & 5 submitted that the present Writ Petition is premature and accordingly the same be dismissed. 7. Having heard learned counsels for the respective parties, on careful examination of the materials on record, further taking into consideration the instruction vide letter dated 01.03.2025, this Court deems it proper to dispose of the Writ Petition by directing the Opposite Party No.3 to consider the proposal submitted before it by Opposite Party No.4 vide their Letter No.569 dated 15.01.2025 and to convey their decision on such letter as expeditiously as possible preferably within a period of four weeks from today. In the event the Opposite Party no.3 communicates the decision within the aforesaid time recommending payment of the dues to the Petitioner, the Opposite Party No.4 shall do well to take necessary consequential step for disbursal of the amount in favour of the Petitioner within a period of six weeks from the date of communication from the Office of Opposite Party no.3. 8. With the aforesaid observation/direction, the Writ Petition stands disposed of. RKS ( A.K. Mohapatra ) Judge Page 4 of 4. Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 20-Mar-2025 17:38:42