The High Court
Case Details
IN THE HIGH COURT OF ORISSA, CUTTACK W.P.(C) No.15407 of 2017 Kanhu Charan Pradhan & Others ....... Petitioners -Versus- State of Odisha & others ....... Opp. Parties For Petitioners : Ms. S. Mohapatra, Advocate For Opp. Party Nos.1 to 3 : Mr. G.N. Rout, A.S.C. For Opp. Party No.4 : Mr. S.K. Purohit, Advocate ---------------------------- CORAM: JUSTICE SANJAY KUMAR MISHRA JUDGMENT 29.03.2023 S.K. MISHRA,J. 1. The Petitioners, four in numbers, have filed this Writ Petition with a prayer to direct the State-Opposite Party No.1 to absorb them in the regular posts of the Notified Area Council, Redhakhol, shortly, hereinafter ‘NAC, Redhakhol’ with effect from 01.03.1999 i.e. the date of merger of the erstwhile Rampur Grama Panchayat in the NAC, Redhakhol. 2. The factual matrix of the case in nutshell is that, the Petitioners were all Staff of the erstwhile Rampur Grama Panchayat under the NAC, Redhakhol. The Governor of Odisha, in exercise of power conferred by Clause (2) of Article 243Q of the Constitution of India, read with Sub-Section (2) of Section-4 of the Orissa Municipal Act, 1950 (Orissa Act 23 of 1950), specified the transitional area consisting of the villages in the district of Sambalpur mentioned in the schedule of the notification of Government of Orissa in the Housing and Urban Development Department dated 26th February, 1999. Accordingly, in terms of clause (a) of Sub-Section (1) of Section 4 of the Orissa Municipal Act, 1950 (Orissa Act 23 of 1950), the State Government constituted the NAC, Redhakhol for the said transitional area in the district of Sambalpur with effect from 1st March, 1999. Accordingly, Rampur Grama Panchayat was brought over to the NAC, Redhakhol in terms of the said notification dated 26th February, 1999. 3. After merger of Rampur Grama Panchayat, the services of the Petitioners were taken over by the NAC, Redhakhol. On 7th October, 1999, the Executive Officer, NAC, Redhakhol requested the District Magistrate, Sambalpur to W.P(C) No.15407 of 2017 Page 2 of 25 move the Government to create different posts under the NAC, Redhakhol to run the day to day function of the NAC, clarifying therein that the said posts including the transferred old Grama Panchayat staff, so also staff newly required for the NAC and it is self sufficient to meet the salary of the said staff. On the other hand, the Government directed the Executive Officer, NAC, Redhakhol not to engage any DLR employees and to manage the work of the NAC with the help of the Grama Panchayat Secretary and staff of Redhakhol. Pursuant to the request of the Executive Officer, NAC, Redhakhol, the Government asked for a detailed report for creation of posts for absorption of the Ex-staff of the Rampur Grama Panchayat on 08.11.1999. The District Magistrate- cum-Collector, Sambalpur, basing upon the Government query, asked the NAC, Redhakhol to furnish the full report for justification in creation of new posts including Ex-Grama Panchayat staff on 21.09.2000. The Executive Officer, NAC, Redhakhol submitted full report to the Officer-in-Charge, General & Misc. Collectorate, Sambalpur with copy to the Government, inter alia, justifying the creation of the sanctioned posts with effect from 01.03.1999 to absorb the W.P(C) No.15407 of 2017 Page 3 of 25 Ex-Grama Panchayat staff vide letter dated 9th October, 2000. In the meantime, Government asked the NAC, Redhakhol to satisfy all the queries like financial status of the NAC etc. 4. Despite submitting the representation before the Government to declare them as regular staff of the NAC, Redhakhol, after merger of EX-Grama Panchayat with NAC, Redhakhol, no action was taken by the Government. However, on 07.11.2006, once again the Government asked the source of income of the NAC, Redhakhol. The Executive Officer, NAC, Redhakhol, vide letter dated 16.11.2006, complied the said query for further action at the end of the Government. Pursuant to the same, vide letter dated 06.12.2006, again the Government asked to furnish the detail statement of income and expenditure of last three years i.e. 2003-2004, 2004-2005 and 2005-2006, for consideration of the proposal for creation of different posts in NAC, Redhakhol. On 21.12.2006, the Executive Officer, NAC, Redhakhol submitted the detailed report of income and expenditure of the NAC, Redhakhol for creation of posts, as had been asked for. The Opposite Party No.1, without taking any step for creation of the post to absorb the Ex-Grama Panchayat staff like the Petitioners, W.P(C) No.15407 of 2017 Page 4 of 25 again sent queries to the then Executive Officer, NAC on 18.01.2007 for justification in creation of posts in the NAC, Redhakhol and the same queries were also satisfied by the Executive Officer, NAC by making a communication to the said effect on 09.02.2007. The contents of the said communication are extracted below: “To The Under Secretary to Govt., Housing and Urban Development Department Orissa, Bhubaneswar. Sub: Creation of posts in favour of Redhakhol NAC. Ref:- H & U.D Deptt letter No.MIS.64/06 1257/HUD dtd 18.1.07 Sir, With reference to the letter on the subject cited above, I am to say that the Redhakhol NAC is newly constituted w.e.f. 1.3.99 as per Govt. in H & U D Deptt Notification No.7010/HUD dtd 26.2.99. Before constitution of Redhakhol NAC it was under Rampur Gram Panchayat and at that time the following G.P. staff were working in the said G.P. After conversion of said G.P. as Redhakhol NAC the same staff are working now under this NAC. Sl. No. Name of the Ex- GP Employees Post holding G.P. in Post holding NAC At present in
Legal Reasoning
Now working as NAC Redhakhol Sri Birendra Kumar Purohit Sri Nilambara Pradhan Sri Damodara Naik Sri Kanhu Charan Pradhan 1. 2. 3. 4. Secretary Sr. Assistant Librarian Jr. Assistant Asst. Secretary Lineman Dafadar Jamadar W.P(C) No.15407 of 2017 Page 5 of 25 5. 6. Sri Rushinath Bagarti Sri Nityananda Mohakud Bisakha Bewa Upasi Mukhi Ami Mukhi 7. 8. 9. 10. Dhulia Behera Peon Watchman Sweepress -do- Sweeper Sweeper Peon Peon Sweepress -do- Sweeper Watchman 1. Creation and continuance of the above staff and justification for creation of posts have been recommended by the District Magistrate and Collector, Sambalpur to the Director Municipal Administration, Ex- Officio, Addl. Secretary to Govt., Housing and Urban Development Department, Orissa, Bhubaneswar in his letter No.1098 dtd 13.11.2000 (Copy enclosed) along with preposition statement in prescribed form No.1. As per the recommendation of the District Magistrate & Collector, Sambalpur in the above cited letter it is fully justified for creation of above new posts to adjust the G.P. staff of Redhakhol NAC. The income and expenditure of Redhakhol NAC during the last 3 years i.e. 2003-04-, 2004-05 and 2005-06 is enclosed in a separate sheet. For creation of the above mentioned post the following financial implication will be made out of the own fund of this NAC. 2. 3. Total financial involvement per Annum 48,000/- Sl. No. Name of the Employees Designation of the post in the NAC at present Initial pay 1. 2. 3. 4. Sri Birendra Kumar Purohit Sri Nilambara Pradhan Sri Damodara Naik Sri Kanhu Charan Pradhan Sr. Assistant 4000/- Jr. Assistant 3050/- 36,600/- Lineman 2650/- 31,800/- Jamadar 2610/- 31,320/- W.P(C) No.15407 of 2017 Page 6 of 25 5. 6. Sri Rushinath Bagarti Sri Nityananda Mohakud Peon Peon 7. Bisakha Bewa Sweepress 8. Upasi Mukhi 9. Ami Mukhi 10. Dhulia Behera Watchman -do- Sweeper Total 2550/- 30,600/- 2550/- 30,600/- 2550/- 2550/- 2550/- 2550/- 27610/- 3,31,320/- 30,600/- 30,600/- 30,600/- 30,600/- 4. The above additional expenditure will be met out of own source of this NAC from collection of parking fees, Holding tax, tax on carts & carriages, Licence fees u/s 290, rent of shopping complex, House rent, Auction sale of Bandha Katta, weekly market and Daily market etc. I would therefore request you to kindly place the matter before Govt. for creation of the posts and continuance of the above existing G.P. staff now working in Redhakhol NAC and communicate Govt. orders at at early date. Yours faithfully, Sd/- Executive Officer, NAC, Redhakhol Memo No.187 Date. 9/2/07 Copy submitted to the District Magistrate & Collector, Sambalpur for information and necessary action. Sd/- Executive Officer, NAC, Redhakhol” (Emphasis supplied) 5. Despite such communication, the Government repeatedly asked the NAC, Redhakhol to justify the creation of W.P(C) No.15407 of 2017 Page 7 of 25 posts in almost every year. On grievance petition submitted before the Hon’ble Chief Minister, once again the same queries were made by the Government on 17th February, 2009 and 25th February, 2009. Pursuant to the said queries, a communication was made by the Executive Officer, NAC, Redhakhol on 16.02.2009 giving a detailed report along with financial implications for absorption of the present Petitioners and similarly placed others. Contents of the said communication are extracted below: “To, The Under Secretary to Govt., Housing and Urban Development Department Orissa, Bhubaneswar. Sub: Creation of posts in Redhakhol NAC. Ref:- This office letter No.1201 dtd. 1.12.08, 186 dt 9.2.07 and letter No.1098 dt. 13.11.2000 by D.M. & Collector, Sambalpur Sir, With reference to the letter on the subject cited above, that the Redhakhol NAC is constituted w.e.f. 1.3.1999 as per Govt in H & U D Deptt notification No.7610/HUD dt 26.2.1999. The Director of Municipal Administration-cum-Ex-Officio Addl. Secretary to Govt. vide letter No.39437/HUD dt 25.10.1999 was pleased to order to manage the newly created NAC by the existing Ex-G.P. staffs of Rampur G.P. Redhakhol on its merger with the newly created ULB of Redhakhol NAC. That this Council has also resolved with council resolution dtd 21.6.1999 vide proposal No.7 for creation of new posts immediately for smooth functioning of the W.P(C) No.15407 of 2017 Page 8 of 25 Redhakhol NAC and also several reminder have sent to Govt for kind perusal and immediate steps for the above purpose. The D.M. & Collector, Sambalpur vide above reference has also placed suggestion before Govt. for according approval for creation of new post to adjust the Ex-Rampur G.P. staff of Redhakhol NAC. That this NAC covers about 37.5 sq Km having a population of 13723 as per 2001 census with the present existing staff. Moreover Govt. has been pleased to release a large amount of grants under different scheme like BRGF, SJSRY, NSDP, RMG, R.D, TFC and other development programme etc where the present staffs are discharging their duty very effectively. In view of the above it is essential for creation of new posts to adjust the Ex-G.P staff of Redhakhol NAC at an early date. The xerox copy of letter of D.M. & Collector, Sambalpur is enclosed herewith for kind perusal and necessary action. Encl:- A statement of income and expenditure of Redhakhol NAC during last 3 years Yours faithfully, Sd/- Executive Officer, NAC, Redhakhol Memo No.119 Date. 16/2/09 Copy submitted to the District Magistrate & Collector, Sambalpur for information and necessary action. Sd/- Executive Officer, NAC, Redhakhol” (Emphasis supplied) W.P(C) No.15407 of 2017 Page 9 of 25 6. It is also the case of the Petitioners, in identical case pertaining to some of the similarly placed employees under Cuttack Municipal Corporation, this Court directed the State-Opposite Parties to take steps to absorb the erstwhile Grama Panchayat staff within four months. Knowing so, the Petitioners gave a representation on 7th February, 2009 along with the copy of the Judgment passed in OJC No.6928 of 2000 to the District Magistrate and Collector, Sambalpur for extension of the same and similar benefits to them. On 09.07.2009, the Collector, Sambalpur wrote to the Director of Municipal Administration and Ex-Officio Additional Secretary to Government, H & U.D, Department, Odisha, Bhubaneswar requesting therein for consideration by the Government for creation of posts for absorption of all the erstwhile Rampur Grama Panchayat staff in NAC, Redhakhol. Contents of the said letter dated 9th July, 2009 are extracted herewith. “To The Director of Municipal Administration and Ex-Officio Addl. Secretary to Govt., H & U.D. Deptt, Orissa, Bhubaneswar. Sub: Adjustment of Ex-Rampur G.P. Staff in Redhakhol N.A.C. Creation of new posts-petition dt. 7.2.09 of Birendra Ku. Purohit and others, ex-employees of Ram G.P. Ref: This Office L.No.1098 dt. 13.11.2000, 474 dt. 23.04.08 and 148 dt. 16.02.09 W.P(C) No.15407 of 2017 Page 10 of 25 Sir, With reference to the letters on the subject cited above, I am to say that, Birendra Ku. Purohit and others, Ex-employees of Rampur Gram Panchayat presenting working in Redhakhol N.A.C. (created on 01.03.99) have submitted a petition dt. 7.2.09 (copy enclosed) for regularization of their service. They have submitted a photo copy of orders of the Hon’ble High Court in O.J.C. No.6928/2000 Santosh Ch. Pattanaik Vs. State of Orissa, wherein the Honourable Court has allowed the absorption of Subhadrapur and Kacharamal G.P. staff in Cuttack Municipal Corporation as the G.Ps have been merged with the C.M.C. In this context, a report was called for from the Executive Officer Redhakhol N.A.C. who submitted a report vide his L.No.243 dt. 22.4.09 (copy enclosed) which speaks clearly about the claim of the petitioners. In this context, this officer L.No.1098/Gen dt. 13.11.2000 and 148 dt. 16.2.09 may be referred to.
Decision
In view of the above, I would request that the matter may kindly be considered by Govt. for creation of posts for absorption of all the erstwhile Rampur G.P Staff in Redhakhol N.A.C. Yours faithfully, Sd/- District Magistrate and Collector, Sambalpur” (Emphasis supplied) 7. Despite such request as the Government slept over the matter, for inaction on the part of the State-Opposite Party, the Petitioners were constrained to approach this Court W.P(C) No.15407 of 2017 Page 11 of 25 in W.P.(C) No.22057 of 2011. This Court disposed of the said Writ Petition at the stage of admission, inter alia, directing the State-Opposite Parties to take a decision on the recommendation made by the District Magistrate and Collector, Sambalpur, specifically with reference to the Judgment of this Court passed in O.J.C. No.6928 of 2000 within a period of three months from the date of communication of the said Order. Relevant portions of the said order dated 29.8.2011 are reproduced below: “Heard learned counsel for the petitioners and learned counsel for the State. The petitioners in this Writ Petition have prayed for a direction to opposite party No.1 to absorb them in the regular posts under N.A.C. Redhakhol with effect from 1.3.1999 i.e. the date of merger of the erstwhile Rampur Grama Panchayat in the N.A.C. Redhakhol. It appears from Annexure-16 that the District Magistrate and Collector, Sambalpur has issued a letter to the Director, Municipal Administration for adjustment of Ex-Rampur G.P. Staff in Redhakhol N.A.C. by creating new posts and it is stated at the Bar that the matter is now pending before the Director, Municipal Administration since July, 2009 and no decision has been taken. This being the grievance of the petitioners, we dispose of the writ petition directing the opposite party No.1 to take a decision on the recommendation made by the W.P(C) No.15407 of 2017 Page 12 of 25 District Magistrate and Collector, Sambalpur in Annexure-16 specially with reference to a Judgment of this Court in O.J.C. No.6928 of 2000 within a period of three months from the date of communication of this Order.” (Emphasis supplied) 8. Though copy of the said order was communicated to the State-Opposite Parties by the Petitioners, but the State/Opposite Parties time and again made the same query with the Executive Officer, NAC, Redhakhol for compliance of the Order passed by this Court. Ultimately, the Deputy Secretary to Government, Housing and Urban Development Department, vide letter dated 21.08.2012, wrote to the Executive Officer, NAC, Redhakhol to furnish copy of the Writ Petition with all its annexures forthwith for taking a decision as per order of this Court on the plea that the same has not been received by the Department. Being so asked for, the Executive Officer, NAC, Redhakhol, vide letter dated 15th September, 2012, furnished a copy of the Writ Petition for information and necessary action. However, because of further inaction, the Petitioners were again constrained to approach this Court in W.P.(C) No.13167 of 2015, which was W.P(C) No.15407 of 2017 Page 13 of 25 disposed of at the stage of admission on 22.07.2015 with the following observations. “Considering the submission of the learned counsel for the parties, it appears that for the self same relief, the Petitioners had earlier approached this Hon’ble Court and if the said order has not been complied with, the petitioners should have filed appropriate application instead of invoking jurisdiction of this Hon’ble Court under Articles 226 and 227 of the Constitution of India. Accordingly, the same is disposed of granting liberty to the petitioners to pursue their remedy in accordance with law.” (Emphasis supplied) 9. Accordingly, the Petitioners preferred CONTC No.1459 of 2015. However, the same being beyond the period of limitation, was dismissed, inter alia, directing the Petitioners to approach the authority for redressal of their grievances. Hence, in terms of the observation made by this Court in the said contempt proceeding, the Petitioners submitted a detailed representation before the authority concerned on 4th November, 2016. Till date no action has been taken by the Opposite Party No.1 on the said representation of the Petitioners for regularization of their services in NAC, Redhakhol. Hence, this Writ Petition. W.P(C) No.15407 of 2017 Page 14 of 25 10. The N.A.C., Redhakhol (Opposite Party No.4), being noticed, has filed Counter Affidavit admitting and reiterating the facts pleaded in the Writ Petition. That apart, it has been stated that when the Opposite Party No.1 asked for the copy of W.P.(C) No.22057 of 2011, the Opposite Party No.4 vide letter dated 15.09.2012, has submitted the same. Thereafter no response has been received from Opposite Party No.1. It has further been stated that all steps have been taken by the NAC, Redhakhol by requesting the Opposite Party No.1 to create the posts on merger of Rampur Grama Panchayat with NAC, Redhakhol. The details of the present status of the Petitioners are indicated in the Counter Affidavit in a tabular form and it has been stated that the said employees have performed their duties satisfactorily from the inception of the NAC, Redhakhol till date and though Government has recently posted two numbers of employees in the NAC, Redhakhol, but the workload of NAC is increasing day by day and various schemes are being implemented every year and it will be practicable on the part of the NAC to implement all the schemes smoothly by regularization of the Petitioners and the financial implication can be meted out from Council’s own W.P(C) No.15407 of 2017 Page 15 of 25 fund. The relevant portions from paragraph-3 of the Counter Affidavit filed by the Opposite Party No.4 are extracted below: “This deponent has taken all the steps by requesting the O.P.1 several times to create the post on merger of the G.P. with N.A.C. The undersigned has sent all the documents asked for by the O.P.1 in due time. When the O.P.1 asked for the copy of writ petition, this deponent sent the same vide letter dt.15.09.2012 but there has not been any response so far from the O.P.1. All the proposal for creation and unless for the same, this deponent is helpless. The details of the present status of the petitioners are given below:- Sl. No. Name of the Employee Post Hold in NAC Salary at present Status 1. 2. 3. 4. Sri Kanhu Charan Pradhan Jamadar Retired Sri Nilambara Pradhan Sri Birendra Kumar Purohit Sri Nityananda Mohakud Jr. Asst. I/c Head Asst. Peon 16016 (Consolidated) 16262 (Consolidated) 11704 (Consolidated) On dt.31.05.202 1 Continuing Continuing Continuing The above employees have performed their duties satisfactorily from inception of the NAC till date. Though Govt. has recently posted two nos employees in this NAC but the workload of this NAC is increasing day by day and various schemes are being implemented every year. All the schemes will be implemented smoothly by regularization of the above employees will be met out of councils own fund.” (Emphasis supplied) W.P(C) No.15407 of 2017 Page 16 of 25 11. The State-Opposite Party No.1 has filed Counter Affidavit reiterating the facts as detailed in the Writ Petition. However, it has been stated in para-7 of the Counter Affidavit that though Opposite Party No.4, Executive Officer, NAC Redhakhol submitted a report, yet the said report with regard to income and expenditure of the years 2003 to 2006 was not in conformity with the requirement for sanction and creation of posts for absorption of the former employees of Rampur Grama Panchayat, who were allowed to continue in NAC, Redhakhol. Further, it has been contended in the Counter Affidavit, the Petitioners were continuing at Rampur Grama Panchayat without being regularized and had not raised the issue of regularization during their tenure in Rampur Grama Panchayat. The said Grama Panchayat merged with NAC, Redhakhol with adjustment of the Petitioners with their previous status, as they had in Rampur Grama Panchayat. In the meantime, the Petitioner No.1 has retired from service on attaining the age of superannuation on 31st May, 2021. It has further been averred that the action of Opposite Party No.1 asking the Opposite Party No.4 to justify the creation of posts for absorption of the erstwhile employees of Rampur Grama W.P(C) No.15407 of 2017 Page 17 of 25 Panchayat cannot be said to be deliberate inaction in taking a decision and there is no lapses or laches on the part of the State-Opposite Party No.1, as alleged by the Petitioners. 12. This Court, after hearing the parties, vide Order dated 28th February, 2023, directed the learned Counsel for the State to take necessary instruction and file Additional Affidavit with regard to what action has been taken by the Opposite Party No.1 pursuant to Order dated 29th August, 2011 passed by this Court in W.P.(C) No.22057 of 2011, as the Counter Affidavit filed by the State-Opposite Party No.1 is silent with regard to the allegations made by the Petitioners regarding inaction of the State-Opposite Party No.1 to act in terms of the earlier direction given by this Court. Being so directed, an Additional Affidavit dated 21.03.2023 has been filed reiterating the averments made in the Counter Affidavit. However, the said Affidavit is silent in terms of the direction given by the Order dated 28th February, 2023. Relevant paragraphs of the said Order are extracted below: “3. Though a Counter Affidavit has been filed by the State-Opposite Party No.1 on 19th September, 2022, but the same is silent as to what action has been taken by the State pursuant to Order dated 29.08.2011, passed in W.P.(C) No.22057 of 2011, vide which direction was given W.P(C) No.15407 of 2017 Page 18 of 25 to the Opposite Party No.1 to take decision on the recommendation made by the District Magistrate and Collector, Sambalpur in Annexure-16, specifically with reference to the Judgment of this Court passed in O.J.C. No.6928 of 2000, within a period of three months from the date of communication of the said Order, so also on the representation of the Petitioners dated 04.11.2016 pursuant to Order passed in CONTC No.1459 of 2015. 4. On being asked, Mr. Rout, learned Additional Standing Counsel prays for ten days time to take necessary instruction in this regard and file an Additional Affidavit to the said effect. Time granted is peremptory. 5. Additional Affidavit in terms of the instruction received be filed by 13th March, 2023, after serving copy of the same on the learned Counsel for the Petitioners.” (Emphasis supplied) However, on being asked, Mr. Rout, learned Additional Standing Counsel fairly concedes that the said representation of the Petitioners is still pending at the end of Opposite Party No.1 and State Government is yet to act in terms of direction given by the coordinate Bench in W.P.(C) No.22057 of 2011. 13. Learned Counsel for the Petitioner further submits, it is a glaring example on the part of the State- Opposite Party No.1 as to its inaction and step motherly attitude to deal with the case of the present Petitioners for regularization of their services though similarly placed others W.P(C) No.15407 of 2017 Page 19 of 25 have already been regularized in the meantime, being directed by this Court, pertaining to Cuttack Municipal Corporation, so also Bhubaneswar Municipal Corporation. He relies on the Judgments of this Court in Santosh Chandra Pattnaik & others Vs. State of Orissa and others, (O.J.C. No.6928 of 2000) decided on 20.09.2007 and in Surendra Kumar Srichandan and others Vs. State of Orissa and others, (O.J.C. No.4845 of 1999) decided on 18th May, 2010 to substantiate the claim of the Petitioners. 14. Mr. Purohit, learned counsel for the Opposite Party No.4 submits that the documents appended to the Writ Petition, so also the Counter Affidavit filed by the NAC well demonstrate that the NAC has already complied with the information and documents sought for by the Opposite Party No.1 and the averments made in Para-7 of the Counter Affidavit filed by Opposite Party No.1 that the report with income and expenditure of the years 2003 to 2006, submitted by the NAC, is not in conformity with the requirement for sanction and creation of posts for absorption of the Petitioners is incorrect and misleading. To substantiate the said submissions, he draws attention of the Court towards W.P(C) No.15407 of 2017 Page 20 of 25 the letter dated 21.12.2006, written by the Executive Officer, NAC, Redhakhol, addressed to the Under Secretary to Govt., Housing and Urban Development Department, Orissa, the contents of which are extracted below: “OFFICE OF THE NOTIFIED AREA COUNCIL, REDHAKHOL No.1622/NAC Date: 21.12.2006 To The Under Secretary to Govt., Housing and Urban Development Department, Orissa, Bhubaneswar Sub: Creation of different posts and continuation of existing Gram Panchayat staff in their present posts of Redhakhol NAC. Ref:- H & U.D Deptt. Letter No.LFS(S)37/2005 28595/HUD dtd. 6.12.2006. Sir, With reference to the letter on the subject cited above, I am to furnish herewith a detail income and expenditure statement of Redhakhol NAC for last 3 years i.e. 2003-04-, 2004-05 & 2005-06 to consider creation of different post & continuance of existing of G.P. Staff in their present post as desired. Encl: 3 statement of Income and Expenditure Yours faithfully, Sd/- Executive Officer, NAC, Redhakhol” (Emphasis supplied) W.P(C) No.15407 of 2017 Page 21 of 25 Mr. Purohit further submits that after the said communication was made to Opposite Party No.1, no further communication has been made by the State to Opposite Party No.4 for further compliance, as has been alleged in the Counter Affidavit. 15. Admittedly, pursuant to direction given by this Court on 29th August, 2011 in W.P.(C) No.22057 of 2011, the last communication made by the State-Opposite Party No.1 to NAC, Redhakhol is dated 21st August, 2012, vide which a copy of the Writ Petition with all annexures was asked for. Pursuant to the said communication, Opposite Party No.4 promptly complied the requirement vide communication dated 15th September, 2012. Thereafter no further communication has been made to NAC, Redhakhol by the State-Opposite Party No.1. 16. Though a specific stand has been taken in the Counter Affidavit filed by the Opposite Party No.4-N.A.C that thereafter no further communication has been made till date seeking any further clarification or information from the Opposite Party No.4, the Counter Affidavit filed by the State- Opposite Party No.1 is silent as to any further communication W.P(C) No.15407 of 2017 Page 22 of 25 made by the State-Opposite Party No.1 to the NAC, Redhakhol, though a baseless allegation has been made in para-7 of the Counter Affidavit that the Report furnished by NAC, Redhakhol with regard to income and expenditure of the years 2003 to 2006 was not in conformity with the requirement for sanction and creation of posts for absorption of the Petitioners. 17. After taking note of the averments made in the Writ Petition and Counters of the Opposite Parties as well as submissions of the learned Counsel for the parties, this Court is of the view that there is a gross delay and laches on the part of the State-Opposite Party No.1 to deal with the recommendations made by the Opposite Party Nos.3 & 4 for creation and sanction of the posts of existing staff of erstwhile Rampur Grama Panchayat with effect from 1st March, 1999 i.e. the date of constitution of NAC, Redhakhol. 18. This Court is of further view that because of such delay and laches on the part of the State-Opposite Party No.1, the Petitioners have suffered a lot and one of them has already been superannuated in the meantime with effect from 31.05.2021, causing immense financial loss to him. W.P(C) No.15407 of 2017 Page 23 of 25 19. In view of the pleadings and documents on record, so also submissions made by the learned Counsel for the parties as detailed above and Judgments of this Court in Santosh Chandra Pattnaik (Supra) and Surendra Kumar Srichandan (Supra), so also direction given in W.P.(C) No.22057 of 2011, this Court directs Opposites Parties, more particularly Opposite Party No.1, to take necessary steps immediately and accord necessary approval at the earliest, preferably within a period of four weeks from the date of communication of the certified copy of this Judgment for creation and sanction of posts enabling the Opposite Party No.4 to permanently absorb the Petitioners in the posts which they are holding, as prayed in the Writ Petition. On such absorption of the Petitioners, the Opposite Party No.4 shall workout the arrear salary and other dues of the Petitioners from the date of their absorption till date and pay the same to the Petitioners within three months from the date of according sanction by the State Government. The entire exercise shall be completed within four months from the date of communication of the certified copy of this Judgment. W.P(C) No.15407 of 2017 Page 24 of 25 Since the Petitioner No.1, Kanhu Charan Pradhan has already been superannuated with effect from 31.05.2021, as has been stated in the Counter Affidavit filed by the Opposite Party No.4, the differential financial benefits shall be extended to him in accordance with law from the date of permanent absorption of his counterparts till the date of his superannuation, including other arrear after retiral benefits, if any, within a period of four months from date of communication of the certified copy of this Judgment. 20. Accordingly, the Writ Petition stands disposed of. No order as to cost. …….….…………………… S.K. MISHRA, J. Orissa High Court, Cuttack The 29th March, 2023 /Prasant W.P(C) No.15407 of 2017 Page 25 of 25