The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.22459 of 2023 Manoranjan Hota and others …. Petitioners Dr.J.K.Lenka, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. A.P.Das, A.S.C. CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 19.07.2023 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Heard learned counsel for the Petitioner as well as the learned Additional Standing Counsel for the State. Perused the Writ Petition as well as the documents annexed thereto. 3. The present Writ Petition has been filed with the following prayer : “ In view of above stated facts and circumstances, this Hon’ble Court may graciously be pleased to admit the Writ application, issue rule NISI calling upon the Opp.Party to show cause as to why the order of transfer of the Petitioners vide Office order dated 14.07.2003 Annexure-7 should not be quashed. And if the Opp.Party failed to show cause or sufficient cause, the rule be made absolute. And further be pleased to issue any other // 2 // appropriate writ/writs, rule/rules or order/orders, direction/directions as may be deemed fit and proper in the interest of justice.” 4. It is submitted by the learned counsel for the Petitioners that being aggrieved by the order of transfer dated 14.07.2023 under Annexure-7 wherein the Petitioners have been transferred to different places, the Petitioners have approached this Court by filing the present Writ Petition. It is also submitted by the learned counsel for the Petitioners that initially the Petitioners were working as Assistant Project Director under different D.R.D.As. Thereafter, after merger of the D.R.D.A. with the Zilla Parishad, the Petitioners were absorbed in the respective Zilla Parishads as Senior Programme Manager. While working as such, the Petitioner No.6 challenging the order of transfer had approached this Court by filing W.P.(C) No.2953 of 2015. A coordinate Bench of this Court vide order dated 24.07.2015, disposed of the Writ Petition by quashing the transfer order dated 16.02.2015. Further, the authorities were directed to allow the Petitioner therein to continue at his present place of posting and to grant all consequential benefits as due and admissible in accordance with law. Thereafter the present transfer order has been issued. 5. Further, drawing the attention of this Court to the Resolution dated 03.06.2022 under Annexure-4 to the Writ Petition, learned counsel for the Petitioners submitted that Panchayati Raj and D.W. Department, Government of Odisha has taken a decision with regard to the Zila Parishads. The said resolution also reveals that it has been decided that till Cadre Rule for the employees of Zilla parishad is to be framed and enacted by the P.R. & D.W. Department under the provisions of the Zilla Parishad Act, 1991, the service condition of // 3 // the erstwhile DRDA employees shall be governed by the Odisha DRDA Employees (Recruitment and Conditions of the Service) Regulations, 1989. In such view of the matter, learned counsel for the Petitioners submitted that till date no Rule has been framed to regulate the services of the employees of the Zilla Parishad under the Zilla Parishad Act, 1989. Accordingly, he further submitted that the service condition of the Petitioners as well as similarly situated Zilla Parishad employees are governed under the Regulation of the year 1989 notified by circular dated 06.12.1989. 6. Further referring to Rule 15 of the Regulation 1989, learned Counsel for the Petitioners contended that no employee of the DRDA shall be transferred from one Agency to the other, subject to an exception to the aforesaid general Rule that such transfer could be affected with the willingness of the concerned employees and with the consent of both the Agencies. Accordingly, learned counsel for the Petitioners further contended that in the present case the consent and willingness of the employees and the DRDAs have not been obtained and as such the order of transfer under Annexure-7 would be hit by Rule-15. 7. Learned Additional Standing Counsel on the other hand submitted that he has no instruction whether any Rule governing the service condition of the Zilla Parishad employees under the Zila Parishad Act, 1991 has been framed in the meantime or not. He further submitted that the Petitioners be directed to approach the authority ventilating their grievances along with all relevant papers. In such event, the authorities be directed to consider the case of the Petitioners within a stipulated period of time and he will have no objection to the same. // 4 // 8. Considering such submissions of the learned counsel for the respective parties and on a careful examination of the background facts of the present case as well as the provisions of the Regulations referred to in the Writ Petition, this Court deems it proper to dispose of the Writ Petition at the stage of admission by directing the Petitioners to approach the Opposite Party no.2 by filing a fresh representation taking therein all the grounds along with all supporting documents within one week. In the event such a representation is filed, the Opposite Party No.2 shall do well to consider the same by taking into consideration the Rules if any made in the meantime under the Odisha Zilla Parishad Act, 1991 and in the event no Rule has been framed then the case of the Petitioners be considered under the Regulation of the year 1989 as has been discussed herein above and particularly taking into consideration Clause-15 of the said Regulation and pass necessary orders within a period of four weeks from the date of filing of representation. As an interim, it is directed that the impugned order under Annexure-7 so far as it relates to the Petitioners shall not be given effect to for a period of four weeks. 8. With the aforesaid observation/direction, the Writ Petition stands disposed of. 9. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge RKS Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 20-Jul-2023 18:12:49