The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). No.20001 of 2023 Subhransu Sekhar Das …. Petitioner State of Odisha and others …. Opposite Parties Mr. P.K Sahoo, Advocate -versus- Mr. Iswar Mohanty, A.S.C. CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 03.07.2023 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the petitioner as well as learned Additional Standing Counsel appearing for the State-Opposite Parties. Perused the writ petition as well as documents annexed thereto. 3. The present writ petition has been filed by the petitioner with the following prayers: “It is therefore humbly prayed that this Hon’ble Court may graciously be pleased to admit the case, call for the records and after hearing both the parties pas the following reliefs; i. ii. To quash the order No.915 dated 10.01.2022 and 715 dated 18.01.2022 as at Annexure-15 series to the writ petition. To direct the Opposite Parties to treat the // 2 // to total period of service (both Junior Clerk and Junior engineer) as regular service in view of order dated 14.02.2023 as at Annexure-6 Finance pursuant Department Office Memorandum dated 05.6.2012 (Annexure-10) and to cover the service of the provision of OCS (Pension) Rules, 1992 and to deduct the GPF subscription from the salary of the petitioner against GPF A/c No.PWO66570. the petitioner under iii. And pass such other order(s)/direction(s) as may be deemed fit and proper for the interest of justice.” 4. It is submitted by the learned counsel for the Petitioner that initially the Petitioner was appointed as a Junior Clerk under Rehabilitation Assistance Scheme in the office of the Puri Irrigation Division, Puri vide Office Order dated 26.10.1999 passed by the Superintending Engineer, Central Irrigation Circle, Bhubaneswar. Thereafter, the Petitioner was appointed as a Junior Engineer (Civil) on contractual basis vide Office Order dated 13.2.2014 passed by the Engineer-in-Chief, Rural Works, Bhubaneswar. After his appointment as a Junior Engineer (Civil), the Petitioner approached his employer for grant of permission to join at his new post of posting. Since no permission was granted, the Petitioner tendered his resignation on 25.02.2014 before the Superintending Engineer, Central Irrigation Circle, Bhubaneswar. Thereafter, finally the Petitioner joined as Junior Engineer on 26.02.2014 before the Rural Works Division, Jagatsinghpur. The Superintending Engineer, Central Irrigation Circle, Bhubaneswar vide his Office Order dated 06.08.2014 accepted the resignation of the Petitioner with effect from the date of application i.e. on // 3 // 25.02.2014. While this was so, the Petitioner submitted a representation on 12.01.2015 before the Executive Engineer, Puri Irrigation Division requesting him to release his arrear dues and to transmit his original Service Book to the Opposite Party No.4. The original Service Book of the Petitioner was in fact transmitted by the Executive Engineer, Puri Irrigation Division vide his letter dated 16.02.2015 along with original GI.S. Pass Book to the office of Opposite Party No.4. 5. It is further contended by the learned counsel for the Petitioner that on 07.07.2015, the Petitioner again submitted another representation before the Opposite Party No.3 with a request to regularize his service by counting his past service and to allow him to consider under old Pension Rules, 1992 and to deduct the GPF subscription from his salary against his old GPF Account number, which was allotted in his favour. At this stage, it is submitted by the learned counsel for the Petitioner that the aforesaid GPF Account number is still active and the same is not being closed. While the matter stood thus, the Petitioner had earlier approached the Odisha Administrative Tribunal, Cuttack Bench, Cuttack by filing a Original Application bearing O.A. No.3934(C) of 2015 seeking for a direction to regularize his service pursuant to Finance Department Office Memorandum dated 05.06.2012 and to count his past service from 27.10.1999 to 25.02.2014 and for considering his service under the provision of OCS (Pension) Rules, 1992 i.e. prior to the amendment in the year 2005 and for a further direction to deduct the GPF amount from the salary of the Petitioner. The said O.A. was transferred to this Court and // 4 // registered as WPC(OAC) No.3934 of 2015 after abolition of the Odisha Administrative Tribunal, Cuttack Bench, Cuttack. A coordinate Bench of this Court disposed of the aforesaid writ petition with a direction to the Opposite Party No.4 to consider the representation of the Petitioner vide Annexur-11 to that writ petition and pass appropriate order in accordance with law within a period of three months. Since that order was not complied with by the Opposite Parties, the Petitioner was compelled to file CONTC No.7800 of 2021 which was disposed of vide order dated 17.01.2022 granting further time to comply with the order passed by this Court in the aforesaid writ petition. While this was the position, the Opposite Parties pursuant to the order passed by this Court and without taking into account the Finance Department Memorandum dated 05.06.2012 under Annexure-10 have taken a decision to reject the representation of the Petitioner vide order dated 10.01.2022 under Annexure-15 Series on the ground that Petitioner’s subsequent appointment as a Junior Engineer is on contractual basis, which is not a pensionable service. Being aggrieved by such order dated 10.01.2022 under Annexure-15 Series, the Petitioner approached this Court by filing the present writ petition. 6. It is further contended by the learned counsel for the Petitioner that after rejection of the Petitioner’s representation vide order dated 10.01.2022 under Annexure-15 Series, the service of the Petitioner rendered on contractual basis w.e.f. 26.02.2014 has been regularized vide order No.5830 dated 14.02.2023 passed by the E.I.C. (Civil), Odisha, Bhubaneswar. Therefore, the ground of // 5 // rejection vide order dated 10.01.2022 under Annexure-15 Series stands demolished. In view of the subsequent development, the Petitioner has again approached this Court for a direction to the Opposite Parties to reconsider his case without being influenced by the order dated 10.01.2022 under Annexure-15 Series. 7. Learned Additional Standing Counsel appearing for the State-Opposite Parties, on the other hand, submitted that as it appears from the writ petition that the service of the Petitioner has been subsequently regularized vide order dated 14.02.2023. However, pursuant to direction of this Court the authorities had taken a decision on 10.01.2022 that is much prior to regularization of the Petitioner. Therefore, it is submitted by the learned Additional Standing Counsel that the rejection of the claim of the Petitioner on the ground that the Petitioner was working as Junior Engineer on contractual basis is correct and no fault is found on such decision of the authority. Further, it is submitted that in view of the subsequent development, the Petitioner may be directed to approach the Opposite Party No.3 by filing a fresh representation taking therein all the grounds along with supporting documents. In such event, he will have no objection if the Opposite Party No.3 is directed to consider the representation of the Petitioner strictly in accordance with law within a stipulated period of time. 8. Considering the submissions made by the learned counsels appearing for the parties and on a careful examination of the background facts of the present case as well as keeping in view the limited nature of grievance involved in the present writ petition, this Court think it proper to dispose of the writ petition at the stage // 6 // of admission by granting liberty to the Petitioner to file a fresh representation before the Opposite Party No.3 taking therein all the grounds as well as annexing the relevant documents in support of his claim. In the event such a representation is filed, the same shall be considered by the Opposite Party No.3 strictly in accordance with law without being influenced by the earlier order dated 10.01.2022 and the representation of the Petitioner shall be disposed of by passing a reasoned and speaking order within a period of two months from the date of communication of certified copy of this order by the Petitioner. The decision so taken thereon shall be communicated to the Petitioner within a period of two weeks thereafter. 9. With the aforesaid observation and direction, this writ petition is disposed of. Urgent certified copy of this order be granted on proper application. Debasis ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: PA Reason: Authentication Location: OHC CUTTACK Date: 05-Jul-2023 19:05:09