The High Court · 2024
Case Details
Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: Secretary Reason: Authentication Location: High Court of Orisssa, Cuttack Date: 07-Nov-2024 16:29:07 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.14965 of 2020 (In the matter of an application under Articles 226 and 227 of the Constitution of India) Basanta Disiri …. Petitioner -versus- State of Odisha and others …. Opposite Parties Advocate(s) appeared in this case:- For Petitioner
Legal Reasoning
: Mr. S. Mohanty, Advocate For Opposite Parties : Ms. B.L. Tripathy, A.G.A. CORAM: JUSTICE B.P. ROUTRAY JUDGMENT 6th November 2024 B.P. Routray, J. 1. Heard Mr. S. Mohanty, learned counsel for the Petitioner and Ms. B.L. Tripathy, learned Additional Government Advocate for the State-Opposite Parties. 2. The prayer of the Petitioner is to grant him all consequential service benefits in terms of the direction of the learned Tribunal dated 11.09.2015 passed in O.A. No.2168(C) of 2012. 3. The case of the Petitioner is that, he earlier filed O.A. No.2168(C) of 2012 before the learned Tribunal praying for W.P.(C) No.14965 of 2020 Page 1 of 6 Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: Secretary Reason: Authentication Location: High Court of Orisssa, Cuttack Date: 07-Nov-2024 16:29:07 regularization of his service along with all consequential benefits. Accordingly, learned Tribunal in its order dated 11.09.2015 directed for regularization of the service of the Petitioner along with all consequential service and financial benefits. The relevant portion of the direction of the learned Tribunal is re-produced below.
Decision
“In view of the above facts and analysis thereof and keeping in view the earlier order of the Tribunal dated 16.4.1999 passed in O.A. 1515/1994 in respect of the applicant and relying on the decision of the Tribunal in other similar matters cited supra, we direct the state respondents to take immediate steps for regularization of the service of applicant by relaxing rule 3(i) of the O.M.S. Rules, 1985 and grant him all consequential service as well as financial benefits w.e.f.7.8.1994 as he has been continuing in service from the said date without any break, without taking any further action pursuant to Annexure-8. The entire exercise be completed within a period of four months from the date of receipt of a copy of this order.” 4. Then the State preferred writ petition before this Court against said order of the learned Tribunal and being failed therein also approached Hon’ble Supreme Court in SLP(C)- Diary No.18329 of 2018, which was also dismissed. 5. Thereafter, the Opposite Parties regularized the service of the Petitioner and released all financial benefits w.e.f. 7.8.1994. But the grievance of the Petitioner is that, though his service was regularized as W.P.(C) No.14965 of 2020 Page 2 of 6 Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: Secretary Reason: Authentication Location: High Court of Orisssa, Cuttack Date: 07-Nov-2024 16:29:07 Junior Clerk w.e.f. 7.8.1994 pursuant to the direction of learned Tribunal and the financial benefits were released in his favour, but the consequential service benefits including promotion was not considered. He was given promotion to the post of Senior Clerk in the year 2020 only without taking note of his period of service from 7.8.1994. 6. The State has filed their counter stating that, the service of the Petitioner has been regularized pursuant to the direction of the learned Tribunal w.e.f. 7.8.1994 and all consequential financial benefits were released in his favour. The State has also contended in the counter that, the consequential service benefits has been extended in favour of the Petitioner and he was given promotion to the post of Senior Clerk in 2020. Therefore, the prayer of the Petitioner has no merit to be considered for giving him promotion from any earlier period. 7. In view of the controversy, it falls to determine here that, whether the consequential service benefits in terms of the direction of the learned Tribunal has been extended in favour of the Petitioner from 7.8.1994 in actual ? 8. The fact that the service of the Petitioner was regularized w.e.f. 7.8.1994 as a Junior Clerk is not disputed. Consequent upon his regularization in service, the conditions of service are governed under the Odisha Ministerial Services (Method of Recruitment and Condition of Service of Clerks in District Registration Offices) Rules, 1975. According to the hierarchy of posts specified in the said 1975 Rules, the Junior Clerks are required to be promoted to the post of Senior W.P.(C) No.14965 of 2020 Page 3 of 6 Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: Secretary Reason: Authentication Location: High Court of Orisssa, Cuttack Date: 07-Nov-2024 16:29:07 Clerks on the basis of merit and suitability with regard to seniority upon completion of two years of service and subject to passing the departmental examination. Further, the promotion to the posts of Head Clerks shall also be on the basis of merit and suitability with due regard to seniority from amongst the Senior Clerks, who have passed the departmental examination. 9. The Petitioner has prayed for his promotion in terms of the said Rules in view of the direction of the learned Tribunal that he has been regularized with all consequential service benefits. The dispute is with regard to the promotion of the Petitioner and according to the State, the same is not included in the consequential service benefits as directed by the learned Tribunal. 10. In Jute Corporation of India Ltd. vs. Judhistira Swain, 2014 (II) ILT-CUT-165, this Court taking into consideration of the principles enumerated in the case of J.K. Synthetics vs. K.P. Agarwal, AIR 2007 SC (Supp.) 637 have held as follows:- “In view of the above, “consequential benefit” to a person does not mean only back wages. It includes much more things beyond back wages, such as promotion, fixation of seniority and grant of financial benefits admissible to the post etc. Therefore, if the termination of the opposite party- workman in the guise superannuation has been declared as illegal and unjustified, then the opposite party-workman is entitled to get all the consequential service benefits admissible to the post. Back wages may be one facet of getting monetary benefits, but that is not the conclusive one. W.P.(C) No.14965 of 2020 Page 4 of 6 Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: Secretary Reason: Authentication Location: High Court of Orisssa, Cuttack Date: 07-Nov-2024 16:29:07 On the other hand, service benefit, which would have accrued to him had he continued in service cannot be denied by the petitioner-Management.” 11. The aforesaid principles has been relied on several other decisions including Akhilananda Sahoo vs. Joint General Manager, OSFC and others, 119 (2015) CLT-281 and Ramakanta Parija vs. Deputy Chief Mining Engineer, Sub-Area Manager, Belpahar, Sub Area, IB Valley Area, Jharsuguda, 2022 (I) OLR-615, etc. 12. In the instant case, undoubtedly the Petitioner has been given financial benefits including the promotion to the post of Senior Clerk. But the question is whether his promotion in the hierarchy of posts would be counted from 7.8.1994 or not. 13. As stated above, the consequential benefits include many things more than the financial benefits Viz., promotion and fixation of seniority, etc. Thus when the service of the Petitioner was regularized pursuant to the direction of the learned Tribunal w.e.f. 7.8.1994, he should have given all consequential service benefits along with his regularization as directed by the learned Tribunal. Such consequential service benefits definitely include counting of his seniority and promotion as admissible to him at par with other regular employees and permissible under the relevant service rule. 14. Thus the Petitioner succeeds in his prayer to get the benefits of seniority and promotion in service consequent upon his regularization W.P.(C) No.14965 of 2020 Page 5 of 6 Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: Secretary Reason: Authentication Location: High Court of Orisssa, Cuttack Date: 07-Nov-2024 16:29:07 of service w.e.f. 7.8.1994. The Opposite Parties are thus directed to extend him all such consequential service benefits including fixation of his seniority and promotion, counting his service period w.e.f. 7.8.1994. 15. The writ petition is disposed of as allowed. (B.P. Routray) Judge B.K. Barik/Secretary W.P.(C) No.14965 of 2020 Page 6 of 6