The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.22169 of 2023 Nakul Naik State of Odisha & others …. Petitioner Mr. P.K. Panda, Advocate -versus- ….
Legal Reasoning
Opposite Parties Mr. N.K. Praharaj, A.G.A. Mr. S.K. Patra, Standing Counsel for AG Odisha CORAM: JUSTICE A.K. MOHAPATRA
Decision
ORDER 19.07.2023 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard Mr. P.K. Panda, learned counsel appearing for the petitioner as well as Mr. N.K. Praharaj, learned Addl. Government Advocate for the State-Opposite Parties and Mr. S.K. Patra, learned Standing Counsel for the AG, Odisha. Perused the writ petition as well as the documents annexed thereto. 3. The present writ application has been filed by the Petitioner with the following prayer:- Order No. 01. “In the above facts and circumstances of the case, it is therefore, most humbly prayed that this Hon’ble Court be graciously pleased this writ application, issue Rule NISI to the Opp. Parties to show cause as to why the prayers made hereunder shall not be allowed and upon perusing the causes, if any shown, make the said Rule absolute and be pleased to; to admit i. Issue a writ in the nature of mandamus directing the Opp. Parties to release the outstanding salary of the Petitioner in his favour for the period from 01.08.2008 till the // 2 // ii. iii. iv. v. date of his retirement in February, 2015; Issue a writ in the nature of mandamus directing the Opp.Parties to settle and release monthly pensionary benefits w.e.f. the date of retirement his retirement in favour of the Petitioner; Issue a writ in the nature of mandamus directing to release the final GPF amount of the Petitioner along with interest there on lying in his GPF account vide A/c. No. LRO/22339 and to release the amount of gratuity to be calculated on the basis of last pay drawn of the Petitioner on the date of superannuation; Issue a writ in the nature of mandamus directing the to Opp. Parties to pay interest @18% per annum on the accrued amount of salary as well as pension and other financial benefits such as final amount gratuity and GPF in favour of the Petitioner; Issue a writ in the nature of mandamus directing the Opp. Parties to go on releasing the monthly pension of the Petitioner regularly; further be pleased to pass such other And order/orders as may be deemed just and proper.” 4. It is submitted by learned counsel for the Petitioner that being aggrieved by the inaction of the authorities granting the final pension to the Petitioner and other pensionary benefits he has approached this Court by filing the present writ application. It is further submitted by learned counsel for the Petitioner that earlier the Petitioner approached this Court by filing the writ application bearing W.P.(C) No.10404 of 2021 which was disposed of on 18.03.2021 by directing the Opposite Parties to consider the representation of the Petitioner. Pursuant to the aforesaid order dated 18.03.2021 the Petitioner approached the Collector, Ganjam by filing the order dated 07.04.2021 under Annexure-7 to the writ application. The Collector, Ganjam vide office // 3 // order dated 04.06.2021 under Annexure-9 examined the matter and took a decision, so far the petitioner is concerned and the Collector, Ganjam vide office order dated 04.06.2021 passed the following order:- The BDO, Patrapur is directed to obtain the LPC & 1. Original S.B. of the Petitioner from Tahasil Office, Patrapur. 2. The Tahasildar, Patrapur shall send the LPC & Original S.B of the Petitioner to the Block Office, Patrapur within a fortnight. 3. The BDO, Patrapur without going into merit of the case and in view of retirement of the Petitioner since 2015, is directed to regularize the services of the Petitioner; treat the absence period (if remained absent from Govt. duty) as “leave as admissible” by taking into account the E.L/HPL/Commuted leave etc. as per the leave credited in his account as on the date. 4. After regularization of past services of the Petitioner, duty pay/leave salary be drawn in his favour and the BDO shall take immediate steps for sanction of pensionary benefits including final payment of GPF & transmit the Pension record to the AG (A&E), Odisha, Bhubaneswar for final authorization. 5. For immediate relief, the BDO, Patrapur is directed to sanction provisional pension in favour of the petitioner to maintain his day to day livelihood. The entire exercise shall be completed within a period of 15 (fifteen) days, failing which the BDO, Patrapur shall be personally held responsible for any kind of legal impediment. After disposal of the representation by the Collector, Ganjam by 5. a direction to the BDO, Patrapur to carry out the order passed by the Collector, Ganjam the Petitioner approached the BDO, Patrapur. However, the BDO did not act upon the order passed by the Collector, Ganjam under Annexure-9 to the writ application. Accordingly, the Petitioner again approached before the Collector, Ganjam for redressal of his grievance. However, the order dated 02.08.2021 issued by the Additional District Magistrate, Ganjam at Chatrapur, the Petitioner was again asked to approach the BDO, Patrapur for settlement of his // 4 // provisional pension and pension by with an observation that the Collector, Ganjam is not the pension sanctioning authority. Thereafter, the Pension papers are sent to Office of the Accountant General by the BDO, Patrapur. However, on 16.02.2023 the BDO, Patrapur was requested by the Office of the Accountant General to forward the final payment application of the Petitioner along with all the related documents with proper channel without insisting on production of GPF account slips. Since no action has been taken on the aforesaid letter dated 16.02.2023 under Annexure-11 series to the writ application. The petitioner has approached this Court by filing the present writ application for a direction to the BDO, Patrapur to comply with the request made vide letter dated 16.02.2023 vide Office of the Accountant General. 6. Learned Addl. Government Advocate, on the other hand submitted that the Petitioner has been granted provisional pension which is in now. However, he further submitted that in the event, a direction be given to the BDO, Patrapur-Opposite Party No.3 to comply with the request of the office of the Principal Accountant General, Odisha he will have no objection to the same. 7. Having heard the learned counsels for the Parties and on careful consideration the background facts of the present case as well as keeping in view the limited nature of the grievance involved in the present writ application, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Block Development Officer, Patrapur-Opposite Party No.3 to comply with the request made by the office of the Accountant General-Opposite Party No.4 vide letter dated 16.02.2023 under Annexure-11 series to the writ application within a period of four weeks from the date of communication of the certified copy of this order. It is further directed // 5 // that after final payment application of the Petitioner is forwarded to the Opposite Party No.4, the Opposite Party No.4 shall do well to sanction and disburse the final pension and pensionary benefits in favor of the Petitioner within a period of four weeks from the date of receipt of the final payment application from the office of the Accountant General as well as other arrear dues as is due and admissible to the Petitioner. 8. With the aforesaid observations/ directions, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. Anil ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 20-Jul-2023 16:42:18