The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.30656 of 2020 Bhagat Seth …. Petitioner Mr. K.C. Sahu, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. Saswat Das, A.G.A. CORAM: JUSTICE A.K.MOHAPATRA
Decision
ORDER 22.01.2024 Order No. 04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate appearing for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto. 3. The present writ petition has been filed by the Petitioner with the following prayers:- “It is, therefore, prayed that the Hon’ble Court be pleased to grant the following prayer(s):- (i) The Hon’ble Court be pleased to admit & allow the Writ Petition, (ii) The Hon’ble Court be pleased to quash the impugned orders of recovery as per statement dtd. letters 23.07.2020 with further directing the Opp. Party to sanction and disburse the annual periodical increments from 2017 to 2020 as Annexure-9(Series), under // 2 // due and admissible in the favour of the petitioner without applying the provisions of ORS, Group-B (Probation and Departmental Examination) Rules 2016 by holding that the said rule of 2016 is not applicable in respect of the petitioner with all consequential service & financial benefits including the post-retirement benefits along with interest therein within a time bound period for interest of justice. (iii) The Hon’ble Court be pleased to may pass any other Writ(s), Direction(s), Order(s) as this Hon’ble Court may be deemed fit and proper.” 4. At the outset, learned counsel for the Petitioner submitted that the present Petitioner stands in a similar footing with a similarly placed persons, namely, one Sankar Charan Mallick. He further submitted that the said Sankar Charan Mallick had approached this Court earlier by filing a writ petition bearing W.P.(C) No.26321 of 2021 and this Court vide a detailed judgment dated 03.08.2023 disposed of the said writ petition by holding that the case of the Petitioner is governed under the 2011 Rules. It was also observed in the said order that the appointment of the Petitioner in that case was under Annexure-2, in ORS Group-B, on probation for one year and thereafter on completion of such probation period, which is prior to 2016 Rules came into force, the service of the Petitioner is deemed to have been confirmed and, accordingly, this Court directed the Opposite Parties to make necessary entries in the service book of the Petitioner reflecting that the service of the Petitioner has been confirmed on completion of one year from the date of the Petitioner’s appointment under Annexure-2 to the said writ petition and to treat the Petitioner as regular ORS Group-B cadre, and on such basis, the entitlement of the Petitioner be calculated within a stipulated period of time. Page 2 of 4 // 3 // 5. Learned counsel for the Petitioner further contended that in the present case, the Petitioner was appointed to ORS Group-B cadre, by way of promotion, on 08.05.2013 as per order under Annexure-3 to the writ petition. So far the case of Sankar Charan Mallick is concerned, there he was appointed on 26.11.2014 and he had also completed his probation period of one year prior to 2016 Rules came into force. In such view of the matter, learned counsel for the Petitioner submitted that the case of the Petitioner is identical to Sankar Charan Mallick’s case (supra) and accordingly submitted that the Petitioner shall also be covered by the ratio laid down in the said judgment. 6. Learned Additional Government Advocate appearing for the State-Opposite Parties, on the other hand, submitted that the case of the Petitioner is covered under the 2016 Rules. He further submitted that the law laid down by this Court in Sankar Charan Mallick’s case (supra) is not applicable to the facts of the present case. Accordingly, it is submitted that the present writ petition is devoid of merit. 7. Having heard the learned counsels appearing for the respective parties and on a careful examination of the materials on record, as well as the pleadings of the respective parties, this Court observes that, the Petitioner was admittedly appointed and completed his probation period prior to the new rules came into force as was the case in Sankar Charan Mallick’s case (supra). Therefore, this Court is of the prima facie view that the case of the Petitioner shall also be covered by the law laid down in the aforesaid judgment. However, considering the submissions made by the learned Additional Government Advocate, this Court directs the Page 3 of 4 // 4 // Opposite Parties to examine the matter further and in the event it is found that the case of the Petitioner is factually similar to the case of the Sankar Charan Mallick, then the law laid and benefits granted in Sankar Charan Mallick’s case (supra) be also extended to the Petitioner. 8. In view of the aforesaid observation, the impugned order dated 23.07.2020 under Annexure-9 series is hereby quashed. Further, the Opposite Parties are directed to consider the case of the Petitioner afresh in the light of the aforesaid observation within a period of three months from the date of communication of a certified copy of this order. Since the Petitioner has retired from service w.e.f. 31.07.2020, therefore, in the event the authorities come to a conclusion that the Petitioner was eligible to be promoted in view of the Rule-17 of the Orissa Revenue Service (Recruitment) Rules, 2011, he be given notional promotion from the date the Petitioner completed his probation period of one year as provided in the said Rule and all financial benefits on the basis of revised pay scale including arrear service benefits, financial benefits including retiral benefits be calculated and sanctioned and disbursed in favour of the Petitioner within a period of three months from the date of communication of a certified copy of this order. 9. With the aforesaid observation and direction, the writ petition is disposed of. Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Debasis Designation: Secretary Reason: Authentication Location: OHC, CUTTACK. Date: 26-Jan-2024 10:56:43 (A.K. Mohapatra) Judge Page 4 of 4