The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.26268 of 2023 Gajendra Nath Mahapatra …. Petitioner Mr.D.N.Pattnaik, Advocate -versus- State of Odisha and others ….
Legal Reasoning
Opposite Parties Mr.Saswat Das, A.G.A. CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 28.08.2023 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. Perused the Writ Petition as well as the documents annexed thereto. 3. The present Writ Petition has been filed with the following prayer : “It is therefore prayed that this Hon’ble Court may graciously be pleased to admit the Writ Application, call for records and issue notices to the Opp.Parties asking them to show cause as to why : The decision vide letter dated 28.02.2023 referring the letter the dated 14.01.2016 under Annexure-1 Opp.Party No.4 denying for payment of salary and allowance from 01.01.2002 to 31.10.2003 shall not be declared illegal, arbitrary, unreasonable and same shall not be quashed being he Petitioner has worked from 01.01.2002 to 31.10.2003 by the order of the Corporation vide order under Annexure-4 series. The Opp.Party No.4 shall not be directed to release the issued by i) ii) // 2 // iii) arrear salary and allowance from 01.01.2002 till 31.10.2003 for Rs.1,05,816.00 with statutory interest from 31.10.2003 till its final payment under Annexure-9. The Opp.Party No.4 shall not be directed for payment of interest on Rs.2,39,607/- towards VSS dues of the Petitioner from 01.01.2002 to 20.05.2014 for withholding the lawful dues of the Petitioner. iv) The Opp.Party No.4 shall not be directed to submit a detail statement of account towards VSS dues of the Petitioner till 31.12.2001 and statement account towards consolidated payment from 01.01.2002 till 31.10.2003 in order to justify their claim that the Opp.Parties have paid the salary during that period. And/or any other order may be passed in the interest of v) justice. 3. It is submitted by the learned counsel for the Petitioner that the Petitioner was working in the Odisha State Handloom Development Corporation Limited. While working as such, the Petitioner has submitted an application for taking voluntary retirement from service. Accordingly, such application of the Petitioner was accepted with effect from 31.12.2001. It is further contended by the learned counsel for the Petitioner that after acceptance of the VRS, the Petitioner was reengaged in service on contractual basis by the order of the General Manager of the Corporation under Annexure-4 series. He further contended that the Petitioner was continuing to work on contractual basis with effect from 01.01.2002 to 31.10.2003. However, he has not been paid his due during the extended contractual period after acceptance of his VRS. He also contended that ventilating his grievance earlier approached this Court by filing W.P.(C) No.17860 of 2015. A coordinate Bench of this Court disposed of the said Writ Petition on 17.01.2023 by directing the Opposite Party No.4 to reexamine the entitlement of the Petitioner without being prejudiced by the recitals in the Counter Affidavit and shall take a decision within four weeks from the date of production of copy of that order. Learned counsel for the Petitioner also contended that after disposal of the earlier Writ Petition, // 3 // the Petitioner again approached the General manager of the Corporation with a detailed dues payable to him, however the same has not been considered as of now. The Managing Director of the Corporation, the Opposite Party no.4 disposed of the grievance of the Petitioner vide his letter dated 28.02.2023 under Annexure-1 with an observation that the Petitioner is not entitled to the dues he has claimed as the same has already been determined and paid to the Petitioner in the meantime. In reply to the aforesaid observation, leaned counsel for the Petitioner submitted that there is no evidence that the amount as claimed by the Petitioner after his VRS i.e. With effect from 01.01.2002 to 31.10.2003 has been paid to the Petitioner. 5. Learned Additional Government Advocate on the other hand submitted that on the basis of the order passed in the previous Writ Petition, the Opposite Parties have considered the case of the Petitioner. Accordingly, the grievance of the Petitioner has already been reconsidered vide order dated 28.02.2023. He further contended that in the earlier Writ Petition, the State-Opposite Parties have filed a Counter Affidavit wherein they have taken a specific stand that the dues upto 31.10.2003 have been cleared by the State-Opposite Parties. Therefore, there is no outstanding up to 31.10.2003. Thereafter the period of engagement on contractual basis after his VRS, The State - Opposite Parties are not liable and it is only upto the Opposite Parties- Corporation to examine such matter and in the event any outstanding amount is still required to be paid to the Petitioner and the same shall be sanctioned and paid by the Opposite Parties-Corporation. In such view of the matter, the learned Additional Government Advocate submitted that the Writ petition against the Opposite Parties is not maintainable. 6. Having heard learned counsel appearing for the parties, and on a careful examination of the background facts and upon scrutiny of the impugned order dated 28.02.2023 this Court is of the considered view // 4 // that the impugned letter dated 28.02.2023 does not disclose the manner in which the amount has already been paid to the Petitioner for the period for which he has worked on contractual basis after VRS. In such view of the matter, the order under Annexure-1 is set aside. Accordingly the matter is remanded to Opposite Party No.4 to reexamine the matter afresh in the light of the order passed in the previous Writ Petition dated 17.012023. It is further clarified that the Opposite Party No.4 shall do well to consider the case of the Petitioner and dispose of his grievance by passing a reasoned order with regard to payment made for the period from 01.01.2002 to 31.10.2003. In the event it is found that the amount for the contractual period from 01.01.2002 to 31.10.2003 has not been paid there is no evidence to support the contentions of the Corporation, The Corporation shall do well to pay such due to the Petitioner within a period of eight weeks from the date of communication of the order, if there is no other legal impediment. 7. With the aforesaid observation, the Writ Petition stands disposed of. 8. Issue urgent certified copy of this order as per Rule. RKS ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 01-Sep-2023 16:38:49