The High Court
Case Details
Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 21-May-2024 11:05:34 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP NO.528 OF 2024 Bishnu Priya Acharya and another …. Petitioners Mr. Niranjan Behera, Advocate -versus- Suresh Chandra Acharya and others …. Opp. Parties CORAM:
Decision
JUSTICE K.R. MOHAPATRA ORDER 20.05.2024 Order No. 01. 1. This matter is taken up through hybrid mode. 2. Petitioner in this CMP seeks to assail the judgment dated 16th April, 2024 (Annexure-6) passed in F.A.O. No.13 of 2022, whereby learned 1st Additional District Judge, Rourkela dismissing the appeal, confirmed the order dated 23rd April, 2022 (Annexure-3) passed in Interim Application No.53 of 2017 (arising out of Civil Suit No.151 of 2017) allowing the petition under Order XXXIX Rules 1 and 2 CPC filed by the Petitioners in part. 3. Mr. Behera, learned counsel for the Petitioners submits that Civil Suit No.151 of 2017 has been filed by the Plaintiffs- Petitioners for the following relief: “15. That the Plaintiffs pray for the following relief/reliefs:- (i) Let a decree may be passed in favour of the Plaintiffs declaring that the Plaintiffs are having right, title and interest and share over the retirement benefit of Suresh Chandra Acharya, as he joined the services against the service of his father on compassionate ground; (ii) Let a decree may be passed in favour of the Plaintiffs declaring that the Plaintiffs are having right to get their 1/3rd share each from the total retirement benefit of Suresh Chandra Acharya as their unmarried daughter of Harihar Acharya and unmarried sister of Defendant No.1. (iii) Let a decree may be passed in favour of Plaintiffs declaring that Plaintiffs are entitled to stay in the quarter No.A/307, Sector-4 till the finalization of the suit; Page 1 of 4 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 21-May-2024 11:05:34 (iv) Let a decree may be passed in favour of the Plaintiffs restraining the Defendant No.2 & 3 from disbursing the retirement benefit of Defendant No.1 by passing an order of ad-interim/permanent injunction; (v) Let a decree may be passed in favour of the Plaintiffs restraining the Defendants from vacating the physical possession of the Qrs. No. A/307, Sector-4, Rourkela from the possession of the Plaintiffs by passing order of ad- interim/permanent injunction. (vi) Let a decree may be passed in favour of the Plaintiffs directing the Defendant No.2 to pay 1/3rd share to each of the Plaintiffs from the total retirement benefit of Defendant No.1 pending with the authority; (vii) Let a decree may be passed in favour of the Plaintiffs directing the Defendant No.2 to allot the lease against the Qrs. No. A/307, Sector-4, in favour of the Plaintiff as the money has been deposited with them as the father of the Plaintiffs was the ex-employee of RSP, viii) Any other relief or reliefs as deemed proper may be passed in favour of the Plaintiffs.” 4. Along with the plaint, the Plaintiffs filed an application under Order XXXIX Rules 1 and 2 CPC (Interim Application No.53 of 2017) with a prayer to restrain the Opposite Parties from evicting the Petitioners from the suit quarter and restrain the Opposite Party No.2 from disbursing the final retirement benefits of their father to the Defendant No.1-Opposite Party No.1 (their brother). 5. It is submitted that the father of the Petitioners, namely, Haraihar Acharya, was an employee of the Rourkela Steel Plant. He took voluntary retirement due to permanent incapacitation. Opposite Party No.1, being his son, was appointed on the Rehabilitation Scheme. The appointment order was issued with a condition that the Defendant No.1-Opposite Party No.1 will take care of the present Petitioners, who are unmarried daughters of the late Harihar Acharya and arrange their marriage. But, the Opposite Party No.1 did not take any step in that regard. The Petitioners are staying in Quarter No.A/307, Sector-4, Rourkela, Page 2 of 4 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 21-May-2024 11:05:34 which was allotted to their father and subsequently to the Opposite Party No.1, on being appointed under the Rehabilitation Scheme. The Opposite Party No.1 is making attempt to release the rest part of the retrial dues of late Harihar Acharya to the tune of Rs.20,00,000/-. Hence, the suit was filed. Since the Opposite Party No.2 was taking steps to release the retrial dues to Opposite Party No.1 Interim Application No.53 of 2017 was filed for the aforesaid relief. Learned trial Court vide order dated 23rd April, 2022 (Annexure-3) holding that the Petitioners are not entitled to retain the quarter in question, restrained the Opposite Party No.2 from releasing rest of the amount of Rs.20,00,000/- pending towards gratuity and other benefits to the Opposite Party No.1 till disposal of the suit. The Petitioners, being aggrieved, filed F.A.O. No.13 of 2022, which was also dismissed vide order dated 16th April, 2024 (Annexure-4) passed by 1st Additional District Judge, Rourkela. Hence, this CMP has been filed. 6. It is submitted by Mr. Behera, learned counsel that the Petitioners have no other accommodation. If they are evicted from the said quarter, they will render homeless. They are unmarried daughters of the former employee of Rourkela Steel Plant, late Harihar Acharya. Their brother, namely, Defendant No.1-Opposite Party No.1 got all the benefits of premature retirement of said Harihar Acharya and is not taking care of the Petitioners. Thus, learned Courts should have taken a pragmatic view in the matter and restrained the Opposite Party No.1 from evicting the Petitioners from the said quarter. He, therefore, prays for setting aside the impugned orders under Annexure-3 and 6 and to direct the Opposite Party No.2, namely, the Chief Executive Page 3 of 4 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 21-May-2024 11:05:34 Officer, SAIL, (RSP) not to evict the Petitioners from Quarter No.A/307, Sector-4, Rourkela. 7. Taking note of the submission made by learned counsel for the Petitioners and on perusal of the materials available on record, it appears that the Petitioners are not the employees of the Rourkela Steel Plant. Thus, they are not entitled to retain any official accommodation allotted in favour of their late father. The Petitioners have not made out any case to retain the official accommodation allotted by the Rourkela Steel Plant in favour of their father during his tenure in service. Learned Courts have discussed the matter in details and rejected the prayer of the Petitioners in retaining the quarter. 8. Hence, I find no infirmity in the impugned orders under Annexure 3 and 6. 9. Accordingly, this CMP, being devoid of any merit, stands dismissed. Rojalin (K.R. Mohapatra) Judge Page 4 of 4