KhetramohanNaik v. State of Odisha and others
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.12523 of 2024 ..... Petitioners Represented By Adv. - Siba Prasad Swain -versus- ..... Opposite Parties Represented By Adv. Mr.Saswat Das, AGA 1) Mamata Das 2) Chhine Majhi 3) Brundabati Mund 4) Sukanti Bemal 5) Taramani Mund 6) Sushila Majhi 7) Sumati Meher 8) Jayanti Martha 9) Sanjukta Rout 10) Jamuna Panda 11) Sarojini Dei @ Sethi 12) Bimala Nayak 13) Gita Pujari 14) Sibakumari Sahare @ Kasaria 1) State Of Odisha 2) Collector,ganjam 3) Collector,nuapada 4) Collector,rayagada 5) Collector,kendrapara 6) Collector,khurda 7) Collector,koraput 8) Collector,nabarangpur 9) Principal CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 20.05.2024 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
Legal Reasoning
2. Heard learned Counsel appearing for the Petitioners as Page 1 of 7. well as learned Additional Government Advocate appearing for the State-Opposite Parties. 3. The present writ petition has been filed by the Petitioners with the following prayers:- “It is, therefore, prayed that this Hon’ble Court may graciously be pleased to: i) ii)
Decision
Allow the Writ Petition. violates the Article-14 of Issue Rule NISI, asking the Opp.Parties to show cause as to why they shall not be directed to grant release the minimum pension and pensionary benefits along with 18 % interest of deceased husbands in favour of the Petitioners by declaring the portion of order dated 31.01.2024 vide Annexure-5, “which is not to be cited as precedence in future” as illegal, arbitrary and the Constitution of India and if the Opp.Parties do not show cause or show insufficient cause, then issue a writ of mandamus in nature, thereby directing to the concerned Opp.Parties to grant/release the minimum pension and pensionary benefits along with 18% interest of deceased husbands in favour of the Petitioners by declaring the portion of order dated 31.01.2024 vide Annexure-5 “ which is not to be cited as precedence in future” as illegal, arbitrary the and Constitution of India within a stipulated period. the Article-14 of violates Page 2 of 7. iii) And/or pass an order(s), direction(s) as this Hon’ble Court deems fit and proper.” 4. It is submitted by Mr. S.P.Swain, learned Counsel appearing on behalf of the Petitioners that the case of the deceased husband of the Petitioners is squarely covered by the common order dated 17.02.2016 passed by the Odisha Administrative Tribunal, Cuttack Bench in O.A. No.4394(C)/2010 (KhetramohanNaik v. State of Odisha and others) and a batch of similar other cases. In the above noted order, the Odisha Administrative Tribunal disposed of the batch of Original Applications vide common order dated 17.02.2016 by observing that the period of service of the applicants as Gram Panchayat Secretaries is for a considerable length of time. The Tribunal further directed the Opposite Parties to consider their grievance for grant of minimum pension by adding so much of the period of service as G.P. Secretary to their period of regular service as V.L.Ws. to make them eligible to get minimum pension and accordingly, it was directed that the minimum pension amount be paid as is due and admissible from time to time from the date of their retirement. 5. The aforesaid common order in the batch of Original Applications passed by the Odisha Administrative Tribunal was assailed by the State-Opposite Parties before the Division Bench of this Court by filing a writ petition bearing W.P.(C) No.6267 of 2018 (State of Odisha and others v. Page 3 of 7. Niranjan Biswal). The Division Bench of this Court vide judgment dated 30.08.2018 disposed of the said writ petition by affirming the order passed by the Tribunal and, accordingly, the writ petition filed by the State-Opposite Parties was dismissed. 6. After disposal of the said writ petition, the State- Opposite Parties approached the Hon’ble Supreme Court by filing Special Leave to Appeal (C) No(s).28065 of 2019 (The State of Odisha and Ors. V. Niranjan Biswal &Ors.). The Hon’ble Supreme Court vide order dated 18.05.2022 disposed of the appeal preferred by the State-Appellants in the above noted case by allowing intervention applications and taking into consideration the fact that once the 21 O.As. decided by the Odisha Administrative Tribunal, videa common order dated 17.02.2016, has not been challenged at a later stage by the Government of Odisha before this Court or the Hon’ble Supreme Court, the same has attained finality. It has also been observed that there is no application pending before either the High Court or before the Hon’ble Supreme Court to implead such persons, against whom the order of the Tribunal has attained finality, to be impleaded as parties. On such ground, the SLP was dismissed. However, while dismissing such SLP, the question of law was left open to be examined in other appropriate proceedings. Page 4 of 7. 7. Learned Additional Government Advocate appearing for the State-Opposite Parties, on the other hand, referring to the order passed by the Hon’bleSupreme Court, submitted that while disposing of the SLP in the case of The State of Odisha &Ors. V. Niranjan Biswal & Ors., The Hon’ble Supreme Court has left the question of law open to be examined in other appropriate proceeding. In such view of the matter, learned Additional Government Advocate submitted that since the question of law has been kept open by the Hon’ble Supreme Court, the State-Opposite Parties have every right to raise the question of law in the present proceeding. 8. On a careful examination of the materials on record as well as the submissions made by the learned Senior Counsel appearing for the Petitioners and the learned Additional Government Advocate, this Court observes that the order passed by the Hon’ble Supreme Court has already been implemented in the meantime vide order dated 31.01.2024 under Annexure-5 to the writ petition. Therefore, this Court is of the considered view that the Petitioners, who stand in similar footing, cannot be discriminated against them while getting similar service benefits, like the minimum pension, as has been granted by the Tribunal in the earlier case which has ultimately been upheld by the Hon’ble Supreme Court. 9. Further, coming to the point raised by the learned Page 5 of 7. Additional Government Advocate with regard to the leave granted by the Hon’ble Supreme Court to raise the question of law in other appropriate proceeding, this Court is of the view that once the Hon’ble Apex Court allowed the intervention applications of the Petitioners vide Annexure-3, therefore, such point cannot be taken into consideration in this case as the Petitioners being the intervener-Petitioners before the Hon’ble Apex Court. 10. In such view of the matter, this Court deems it proper to dispose of the present writ petition in terms of the order passed by the Tribunal in Niranjan Biswal’s case (supra) which has been upheld by a Division Bench of this Court and eventually upheld by the Hon’ble Supreme Court directing the Opposite Party No.1 to consider the case of the deceased husband of the Petitioners in terms of the judgment of the Hon’ble Supreme Court in The State of Odisha and Ors. V. Niranjan Biswal &Ors.in Special Leave to Appeal (C) No(s).28065 of 2019 and by taking into consideration the order dated 31.01.2024 under Annexure-5 to the writ petition. It is further directed that the Opposite Parties shall examine the case of deceased husband of the Petitioners and in the event the Opposite Parties come to a consideration that the case of the deceased husband of the Petitioners stand in similar footing with the above named Niranjan Biswal, then similar benefits be extended in favour of the Petitioners Page 6 of 7. by taking into consideration so much of their service period as Gram Panchayat Secretary for the grant of minimum pension and pensionary benefits as VLW/PEOs. Let the aforesaid exercise be carried out within a period of two months. Any final decision taken by the Opposite Party No.1 be communicated to the Petitioners within ten days from the date of taking such decision. 11. With the aforesaid observation and direction, the writ petition is disposed of. RKS ( A.K. Mohapatra ) Judge Page 7 of 7. Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 23-May-2024 11:35:46