The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.16105 of 2023 Balaram Barik …. Petitioner Mr. B.S.Tripathy, Advocate -versus- State of Odisha and others ….
Legal Reasoning
Opposite Parties Mr. N.K.Praharaj, A.G.A. CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 01.12.2023 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as the learned Additional Government Advocate for the State. Perused the Writ Petition as well as the documents annexed thereto; 3. The present Writ Petitioni has been filed by the Petitioner with the following prayers: “ On the facts and in the circumstances stated above, your Petitioner, therefore, prays that this Hon’ble Court be pleased to direct the Opp.Parties; i) to count the entire service rendered by the Petitioner in NMR and Work Charged establishment as qualifying service for the purpose of minimum pension and retiral benefits with effect from is date of retirement in terms of Finance Department Resolution and Memorandums in Annexue-5 & 6 series read with the law laid down by this Hon’ble Court dated 02.04.2018 rendered in OJC No.8149/2000 (state of Odisha vs. Hadu Gouda) and OJC No.8149/2000 (State of Odisha v. Jugal Kishore Sahoo) and Order dated 12.12.2019 W.P.(C) No.9099/2016 (Mithuram Bhoi vs. State and others) and as per the law laid down by the apex Court in the case of Prem Singh vs. // 2 // State of UP : (2019) 10 SCC 516 and read with the ratio decided in Uday Pratap Thakur and Anr. Vs. The State of Bihar: decided on 28th April, 2023 reported in 20231 Live Law (SC) 371 and; ii) direct the Opp.Parties to release forthwith in favour of the Petitioner gratuity for the period from 11.07.1984 to 13.01.2011 and unutilized leave salary pass with interest; iii) pass such other order(s) as deemed fit and proper in the bona fide interest of justice and fair play and for which act of your kindness, the Petitioner shall as n duty bound, ever pray.” 3. It is submitted by Mr.Tripathy, learned counsel appearing for the Petitioner that being aggrieved by the inaction of the Opposite Parties in sanctioning and disbursing the pensionary benefits to the Petitioner under the old pension rules for the year 1992 as well as GPF benefits under the GPF Rules, the Petitioner has approached this Court for a direction to the Opposite Parties to calculate, sanction and disburse such financial benefits in favour of the Petitioner within a stipulated period of time. 5. In course of argument, learned counsel for the Petitioner referring to the judgment in the case of Ranbindra Kumar Jena vrs. State of Odisha and others decided on 07.12.2022 in W.P.(C) No.36009/2021, submitted before this Court that the case of the Petitioner is squarely covered to the ratio laid down by this Court in the case of Ranbindra Kumar Jena vrs. State of Odisha and others (supra). In such view of the matter, learned counsel for the Petitioner submitted that the case of the Petitioner also be considered on similar footing as stated in the case of Ranbindra Kumar Jena vrs. State of Odisha and others (supra) 6. Learned Additional Government Advocate for the State, on the other hand, submitted that the Petitioner has not approached the departmental authorities before approaching this Court. He further // 3 // submitted that in the event this Court grants the benefit of the Petitioner by relying upon the judgment in the case of Ranbindra Kumar Jena vrs. State of Odisha and others decided on 07.12.2022 in WP(C) No.36099/2021, then the Petitioner should have approached the departmental authorities along with a copy of the judgment in the case of Ranbindra Kumar Jena vrs. State of Odisha and others (supra). He also submitted that instead of filing of representation before the departmental authorities the Petitioner has approached this Court directly. In such view of the matter, learned Additional Government Advocate submits that he has no objection, if this Court directs the Opposite Party No.2 to consider the case of the Petitioner in the light of the law laid down in the case of Ranbindra Kumar Jena vrs. State of Odisha and others (supra) as well as Udaya Pratap Thakur and another vrs. State of Bihar decided on 28th pril,2023 reported in 2023 Live Law (SC) 371 within a stipulated period of time. 7. Considering the submissions made by the learned counsels appearing for the parties, on a careful examination of the background facts of the present case, keeping in view the ratio laid down by this Court in the case of Ranbindra Kumar Jena vrs. State of Odisha and others (supra) wheein the judgment of the Hon’ble Supreme Court in the case of Uday Pradap Thakur and another vrs. State of Bihar (supra) has been considered and followed, this Court disposes of the Writ Petition by directing the Petitioner to approach the Principal Secretary to Government of Odisha, Water Resources Department, Bhubaneswar-Opposite Party no.1 along with certified copy of this order as well as copies of the judgment in the case of Ranbindra Kumar Jena vrs. State of Odisha and others (supra) and in the case of Uday Pradap Thakur and another vrs.State of Bihar // 4 // (supra) within a period of two weeks from today. In the event the Petitioner approaches the Opposite Party No.1 within the aforesaid time stipulation, the Opposite party No.1 shall do well to consider the case of the Petitioner keeping in view the law laid down by this Court in the case of Ranbindra Kumar Jena vrs. State of Odisha and others (supra), judgment dated 06.11.2023 passed in W.A.No.301/2023 and in the event Opposite Party No.1 comes to a conclusion that the Petitioner stands on similar footing with the Petitioners in the above cited case of Ranbindra Kumar Jena vrs. State of Odisha and others (supra) then the Petitioner be extended with such benefit within a period of two months from the date of taking such decision. Final decision so taken by the Opposite Party No.1 shall be communicated to the Petitioner within ten days from the date of taking such decision. 8. With the aforesaid observation/direction, the writ Petition is disposed of. Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 07-Dec-2023 11:37:32