The High Court
Case Details
Order No. 01. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.12979 of 2023 Ashok Kumar Kanungo …. Petitioner Mr. A.K. Chhatoi, Advocate -versus- State of Odisha & others ….
Legal Reasoning
Opposite Parties Mr. I. Mohanty, ASC CORAM: JUSTICE A.K. MOHAPATRA
Decision
ORDER 25.04.2023 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard Mr. A.K. Chhatoi, learned counsel for the petitioner as well as Mr. I. Mohanty, learned Addl. Standing Counsel for the State- Opposite Parties. Perused the writ petition as well as the documents annexed thereto. 3. The present writ application has been filed by the Petitioner with the following prayer:- “In view of the facts stated above the Petitioner prays that this Hon’ble Court may graciously be pleased to issue a writ in the nature of writ of mandamus or any other appropriate writ/ writs, quashing the office orders at Annexure-13 series dtd.01.09.2021 and direct the Opp. Parties to regularize the service of the Petitioner for the period from 19.05.2016 to 31.12.2020 treating as duty with all consequential service and financial benefits, sanction of increments w.e.f. 2017 till date of his retirement as on 31.01.2021 and revision of his pension under the ORSP Rules, 2017 w.e.f. 01.02.2021 and accordingly release the final pension, gratuity, un- utilized leave salary and other retirement benefits and to // 2 // disburse the differential financial arrears thereon in favor of the Petitioner within the time stipulated by this Hon’ble Court. And further be pleased to issue pass any other order/orders as the Hon’ble Court deems fit and proper.” 4. It is submitted by learned counsel for the Petitioner while the Petitioner was serving in the Office of Assistant Director of Horticulture, Ekamra Kanan, Bhubaneswar. He was placed under suspension vide order dated 16.02.2016 pending drawal the Departmental Proceeding. Thereafter, on 18.05.2016 the Petitioner was reinstated in service and posted to Deputy Director of Horticulture, Dhenkanal. Thereafter, vide order dated 29.09.2016 a Departmental Proceeding was initiated bearing No.3/12508. On 31.12.2020 the Departmental Proceeding was finalized with the punishment of censure and warning in future and further the period of suspension from 16.02.2016 to 18.05.2016 was treated as on duty. Thereafter, the Director Horticulture vide letter dated 31.12.2020 to the ADH, Bhubaneswar directed to relieve the Petitioner immediately. Finally, vide order dated 31.12.2020, the Petitioner was relieved by the Opposite Party No.3 to join under the control of Assistant Director of Horticulture, Ekamrakanan. Finally, the Petitioner was posted under the Deputy Director Horticulture, Puri at Sakhigopal with a direction that the pay allowances of the Petitioner shall be drawn as admissible against the vacant post of Section Officer. Finally, on 31.01.2021 the Petitioner has retired from on attaining the age of superannuation. 5. It is submitted by learned counsel for the Petitioner that after his retirement the Petitioner is not getting pensionary benefits as is due and admissible. Accordingly, the Petitioner submitted a representation dated 26.02.2021 for revision of his pay under the ORSP Rules, 2017 and for disbursement of arrear financial benefits. Since the same was not acted upon the Petitioner approaches the Court by filing W.P.(C) No.10143 of // 3 // 2021. A coordinate bench of this Court vide order dated 22.03.2021 directed the Opposite Party No.2 to consider the representation within two months and further directed for payment of provision pension. Pursuant to such order of the Coordinate Bench dated 22.03.2021, the Petitioner was sanctioned with the provisional pension vide order dated 07.04.2021. Finally, it was submitted by learned counsel for the Petitioner that the Petitioner is aggrieved by the conduct of the Opposite Party No.5 issuing a letter dated 31.08.2021, wherein the Petitioner was asked to submit leave application in respect of his service period from 19.05.2016 to 31.12.2000. Since the Petitioner has not submitted any leave application, therefore the past service of the Petitioner has not been regularized. Finally, the authorities without any leave application submitted by the petitioner vide order dated 01.09.2021 sanctioned the leave illegally without consent of the Petitioner. Being aggrieved by such illegal conduct of the authorities the Petitioner again approached the Director Horticulture-Opposite Party No.2 by filing a representation on 30.11.2021 is stated that the same is pending before the Director as of now and no decision has been taken thereof. Learned counsel for the petitioner further contended that when the Petitioner was working during the aforesaid period which is being sought to be regularized and further that subsequently he was relieved by the authorities, the authorities have committed an illegality by unilaterally accepting the aforesaid period from 19.05.2016 to 31.12.2020 as period on leave which is contrary to the punishment order as well as the materials placed on record in this case. 6. Learned Addl. Standing Counsel for the State, on the other hand submitted that since the Petitioner has filed a detailed representation narrating therein his grievance with regard to conduct of the Opposite Party before the Director of Horticulture-Opposite Party No.2 and the same is stated to be pending, due to proper if the Petitioner approaches // 4 // the Director of Horticulture for redressal of his grievance in accordance with law within a stipulated period of time. He further submitted that in the event, this Court directs to the Opposite Party No.2 to consider the representation in accordance with law and he will have no objection with the same. 7. Considering such submissions made by the learned counsels appearing for the parties and upon a careful consideration of the background facts of the present case, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Opposite Party No.2 to examine the grievance of the Petitioner as has been narrated in his representation dated 30.11.2021 under Annexure-15 to the writ application within a period of six weeks from the date of communication of this order by the Petitioner. It is further directed that in the event, the Opposite Party No.2 comes to a conclusion that the Petitioner was working and he has been get relief by the Relieve Authority to join at his new place of posting within the aforesaid period to regularize strictly in accordance with the record as well as the rules. 8. With the aforesaid observations/ directions, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. Anil ( A.K. Mohapatra ) Judge