The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.12979 of 2025 Aswini Kumar Panda ..... Petitioner Represented By Adv. – Mr. Krishna Chandra Sahu State of Odisha and others ..... Opposite Parties -versus- Represented By Adv. – Smt. B.K. Sahu, AGA Mr. S.K. Patra, Standing Counsel for the O.P. No.4-Accountant General (A&E), Odisha.
Legal Reasoning
CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No.
Decision
ORDER 09.05.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the parties. Perused the writ petition as well as the documents annexed thereto. 3. The present writ petition has been filed by the Petitioner with the following prayers:- is “It that therefore prayed the Hon'ble Court be pleased to allow the writ petition by quashing the impugned order dtd. 24.09.2024 under Annexure-12 with for further directing service granting of all consequential the Opp. Parties Page 1 of 6. benefits as flows from the order of the leaned OAT as per Annexure-6 being confirmed by this Hon'ble Court so also the Hon'ble Supreme Court as per order under Annexure-7 & 8 by passing an order in favour of the petitioner to that effect for governing of the services of the petitioner under the old O.C.S. (Pension) Rules 1992 and existing GPF (O) Rules with all consequential service benefits with in a time bound period for the interest of justice. And may pass any other Writ(s), Direction(s), Order(s) as this Hon'ble Court may be deemed fit and proper.” 4. The sole grievance of the Petitioner in the present writ petition is that although the Odisha Administrative Tribunal after adjudicating the grievance of the Petitioner vide order dated 15.07.2019 in O.A. No.805/2015 directed that the appellant be governed by the O.C.S. (Pension) Rules, 1992 and G.P.F.(O) Rules, 1938 thereby quashing the order under Annexure-6 dated 06.01.2015, however such order has not been carried out by the State- Opposite Parties. It further appears that the order of the Tribunal dated 15.07.2019 in O.A. No.805/2015 was assailed before this Court by filing W.P.(C) No.38625 of 2020. The Division Bench of this Court, vide order dated 19.04.2022, dismissed the writ petition in terms of order dated 15.07.2021 passed in W.P.(C) No.22057 of 2019 and further directed that the Petitioner is entitled to get the benefits in terms of the order passed by the Tribunal. 5. Learned counsel for the Petitioner, at this juncture, Page 2 of 6. further contended that the order passed in the writ petition by the Division Bench of this Court was assailed by the State-Opposite Parties before the Hon’ble Supreme Court by filing SLP (Civil) No.14632 of 2023. The Hon’ble Supreme Court vide its order dated 03.07.2023 dismissed the SLP after condoning the delay in filing SLP by the State-Opposite Parties. Thus, there is no dispute that the order passed by the Tribunal on 15.07.2019 in O.A. No.805/2015 has attained finality. Therefore, the Opposite Parties are bound to implement the order passed by the Tribunal. 6. Learned counsel for the Petitioner, at this juncture, contended that since the order of the Tribunal was not implemented earlier, the Petitioner has approached this Court by filing W.P.(C) No.43162 of 2023. This Court disposed of the said writ petition vide order dated 08.01.2024 directing to the Opposite Party No.3, i.e. Chief District Medica & Public Health Officer, Balangir to consider the representation of the Petitioner. Since no action was taken pursuant to the order dated 08.01.2024, the Petitioner was compelled to approach this Court by filing CONTC No.4810 of 2024. A coordinate Bench of this Court, vide order dated 06.12.2024, disposed of the contempt application by granting liberty to the Petitioner to question the correctness of the conduct of the Opposite Parties before the appropriate forum in accordance with law. Finally, the Petitioner has once again approached Page 3 of 6. this Court by filing the present writ petition. 7. Learned counsel for the State, on the other hand, contended that although there is a specific instruction in the matter, however on perusal of the writ petition, it appears that the Finance Department is the competent authority to grant G.P.F. Number to the Petitioner. Since no G.P.F. Number has been assigned to the Petitioner, the Opposite Party No.2, despite direction by this Court, could not take necessary action in the matter. In such view of the matter, learned counsel for hte State contended that no fault can be found with the Opposite Parties on their conduct. Accordingly, it was prayed that the writ petition be dismissed at this stage. 8. In reply to the learned counsel for the State, learned counsel for the Petitioner submitted that the Petitioner has already been assigned with a G.P.F. Account Number and, accordingly, he has been subscribing such G.P.F. amount regularly. 9. On a careful analysis of the factual background of the present case, further on a careful examination of the submissions made by the learned counsels appearing for the parties, this Court observes that there is a clear direction by the Tribunal vide its order dated 15.07.2019 in O.A. No.805/2015, which was not only confirmed by the Division Bench of this Court but also confirmed by the Hon’ble Supreme Court by dismissing the SLP filed Page 4 of 6. by the State-Opposite Parties. However, it is most shocking to learn that despite the order of the Tribunal having been upheld by the Hon’ble Supreme Court, the State authorities are sitting over the matter and are not taking any steps to see that the order of the Tribunal has been implemented. As a result, the Petitioner has been prevented from enjoying the order that has been passed by different courts. 10. On a careful analysis of the factual background of the present case and further taking note of the fact that the order of the Tribunal dated 15.07.2019 passed in O.A. No.805/2015 has been upheld by the Hon’ble Supreme Court and, as such, the same has attained finality, this Court directs the Opposite Party No.1 to take necessary steps to implement the order dated 15.07.2019 passed by the Tribunal as expeditiously as possible, preferably within a period of two months from the date of communication of a certified copy of this order by the Petitioner. 11. It is further made clear that in the event any concurrence of the Finance Department is required, then necessary steps be taken by the Opposite Party No.1 for obtaining such concurrence to implement the order dated 15.07.2019 passed by the Tribunal. Any decision so taken by the Opposite Party No.1 shall be communicated to the Petitioner from time to time. Page 5 of 6. 12. With the aforesaid observation and direction, the writ petition is disposed of. Debasis ( A.K. Mohapatra) Judge Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 16-May-2025 12:03:35 Page 6 of 6.