The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.6567 of 2025 Jahanoor Begum ..... Petitioner Represented By Adv. - Prafulla Kumar Mohapatra ..... Opposite Parties Represented By Adv. – Mr.M.R.Mohanty,AGA -versus- 1) State Of Odisha 2) Engineer In Chief Water Resources, Odisha 3) Superintending Engineer, Southern Investigation Division, Bhawanipatna 4) Addl. Chief Engineer, Southern Investigation Circle, Berhampur 5) Accountant General A And E, Odisha CORAM:
Legal Reasoning
THE HON’BLE MR. JUSTICE ADITYA KUMAR. MOHAPATRA Order No.
Decision
ORDER 12.03.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate. Perused the Writ Petition as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: Page 1 of 5. “Under the aforesaid facts and circumstances, it is therefore, prayed that this Hon’ble Court may graciously be pleased to: (i) regularizing financial benefits by direct the Opp. Parties to grant all the service and the suspension period of the Petitioner’s husband as duty from 07.07.1993 to 05.09.1996 by waiving off the punishment vide DOWR Order No.25111, dated 18.07.1996, as per the Settled principles of law, laid down by the Hon’ble Apex Court in the case of Union of India & Anr. Vs. S.C.Parashar, reported in (2006) 3 SCC 167 as well as this Hon’ble Court in the case of Bani Bhusan Dash vs. State of Odisha & Ors, W.P.(C) No.7635/2019 and Dr.Smita Mohanty Vs.State & Ors., WPC(OA) No.2585/2016, further the said order has not been communicated to any Office as well as to the husband of the Petitioner, who died on 25.04.2007 and accordingly sanction the revised unutilised leave salary, gratuity, commuted value of pension and other retiral benefits and thereby quash the order dated 09.05.2024 & 18.07.1996 vide annexure-15 & 16 for the interest of justice; (ii) pass such other order(s) or issue direction(s) as may be deemed fit and proper in the bona fide interest of justice.” 4. It is submitted by the learned counsel for the Petitioner that the Petitioner is the wife of the deceased government employee. He further submitted that since the Petitioner is not getting pensionary benefit, she has approached this Court for a direction to the Opposite Parties to process the pension papers of the Petitioner’s deceased husband after regularizing the suspension period from 07.07.1993 to 05.09.1996 and the same was rejected vide Annexure-15. Learned counsel for the Petitioner further contended that while the husband of the Page 2 of 5. Petitioner was in service, he was placed under suspension and a Disciplinary proceeding was initiated against him and continued in suspension till 05.09.1996. Thereafter, the husband of the Petitioner retired from service on attaining the age of superannuation on 31.07.1998. On 25.04.2007 the husband of the Petitioner passed away. However, before his death the pension papers could not be finalized due to non- finalisation of suspension period. Learned counsel for the Petitioner drawing the attention of this Court to letter under Annexure-3 to the Writ Petition submitted before this Court that the Director, Personnel of the Office of Engineer-in-Chief, Water Resources, Odisha has written a letter to the Joint Secretary to Government, Department of Water Resources, Odisha on the issue of regularization of service of the husband of the Petitioner. In the said letter in Paragraph-2 it has been categorically stated that the order of imposition of punishment was never communicated to the deceased Government employee during his life time, as a result of which such suspension period has not been regularized and the same has been treated as non-qualifying service so far as the pensionary benefits are concerned. It also reveals that the Office of the Director, Personnel on verification of records found that the order was not even communicated to their office, as a result of which the financial benefit including the sanction of annual increments were held up. 5. Learned Additional Government Advocate on the other hand submitted that a decision has been taken by the Secretary to Govt. of Odisha, Water Resources Dept. under Page 3 of 5. Annexure-15 to the Writ Petition pursuant to the order of this Court in the earlier Writ Petition bearing W.P.(C) No.42931 of 2023 and appeal dated 08.03.2024 and the benefits has been calculated and the amount that is to be paid finally has also been arrived at. Therefore, there is no cause of action for any relief in the present Writ Petition. 6. Having heard the learned counsels appearing for the respective parties and on a careful examination the background facts of the present case and on a careful scrutiny the impugned rejection order dated 09.05.2024 under Annexure-15, this Court observed that it is an admitted facts that the order passed by the Disciplinary Authority was never communicated to either the late husband of the Petitioner or the present petitioner and accordingly the order dated 09.05.2024 under Annexure-15 is not sustainable in law and therefore, the same is hereby quashed and the matter is remanded to the Secretary, Water Resources Department to reconsider the case of the Petitioner taking into account that the order of punishment not communicated as admitted vide letter dated 16.03.2019 under Annexue-3 within a stipulated period. It is further directed that the Opposite Party No.1 shall do well to consider the case of the Petitioner in accordance with law taking into consideration the letter dated 16.03.2019 and dispose of the same within two months from the date of communication of certified copy of this order. The final order so passed by the Opposite Party No.1, be communicated to the Petitioner within two weeks from the date of taking such decision. Page 4 of 5. 7. With the aforesaid observation, the writ application stands disposed of. 8. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge RKS Signature Not Verified Page 5 of 5. Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 13-Mar-2025 16:32:23