The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK Debendra Nath Patra ..... Petitioner WPC(OA) No.731 of 2018 Mr. P. Mohapatra, Advocate ..... Opposite Parties State Counsel -versus- 1) State Of Odisha 2) Principal Chief Conservator Of Forest 3) Regional Transport Officer 4) Divisional Forest Officer THE HON’BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY CORAM: ORDER 10.04.2024 Order No.3 1. This matter is taken up through hybrid mode. 2. Petitioner has filed the present Writ Petition inter alia with the following prayer. from 08.03.2016 “Direct respondents to treat the period of H.P.L i..e to 15.07.2016 as duty/extension of joining time and accordingly the order dated 14.12.2017 as at Annexure-14 be modified. Further respondents be directed to disburse all consequential benefits to the applicant forthwith.” 3. It is contended that Petitioner while continuing as a Sr. Clerk, he was put under transfer vide order dt.12.06.2015 under Annexure-1. It is contended that even though Petitioner was relieved on 02.11.2015, but the order passed on 12.06.2015 was subsequently cancelled vide Office order dt.03.03.2016 so issued by Opp. Party No.2 under Annexure-2. Page 1 of 6. 4. Since the order dt.12.06.2015 was cancelled vide order dt.03.03.2016, petitioner though was earlier relieved on 02.11.2015, but taking into account the fresh order passed under Annexure-2, he submitted his joining before Opp. Party NO.4 on 08.03.2016 under Annexure-3. 4.1.
Legal Reasoning
It is contended that instead of accepting the joining of the Petitioner as submitted on 08.03.2016, Opp. Party NO.4 vide his letter dt.08.03.2016 under Annexure-4 requested Opp. Party No.2 to issue necessary clarification with regard to acceptance of the joining of the petitioner. 4.2. It is contended that vide letter dt.17.03.2016 under Annexure-5 though Opp. Party No.4 was requested to accept the joining report of the Petitioner so submitted on 08.,03.2016, but instead of accepting the same, Opp. Party NO.4 vide letter dt.18.03.2016 under Annexure-6 sought for further clarification. 4.3. It is contended that because of such action taken by Opp. Party No.4, petitioner’s joining on 08.03.2016 remained pending without its acceptance. However, when a fresh order was issued on 12.05.2016 under Annexure-7 by Opp. Party No.2, Petitioner was transferred from Phulbani K.L. Division to Phulbani Forest Division. The order passed on 12.05.2016 under Annexure-7 was further modified vide order dt.28.05.2016 and thereafter on 07.06.2016 under Annexures-8 & 9. 4.4. It is contended that on receipt of order dt.07.06.2016 under Annexure-9, when Petitioner made a request to Opp. Party No.2 to give him a posting either in Baliguda Forest Division or to Foresters’ Training School at G. Udayagiri on 30.06.2016 under Annexure-10, on due consideration of the same, vide order dt.15.07.2016 under Annexure-11, petitioner was transferred and Page 2 of 6. posted to D.F.O, Baliguda Forest Division. Pursuant to the order so issued on 15.07.2016 under Annexure-11, Petitioner joined on Baliguda Forest Division on 16.07.2016 under Annexure-12. 4.5. Learned Counsel for the Petitioner contended that since in terms of the order issued under Annexure-2, Petitioner submitted his joining before Opp. Party No.4 on 08.03.2016 under Annexure- 3 and the same was not accepted with issuance of further orders by Opp. Party NO.2 till he was posted to Baliguda Forest Division vide order dt.15.07.2016 under Annexure-11, the services of the Petitioner for the period 08.03.2016 to 15.07.2016 is required to be treated as duty period. 4.6. It is contended that since because of the illegal action of Opp. Party No.4, Petitioner could not join and continue in his service w.e.f 08.03.2016 till the last order was passed on 15.07.2016 under Annexure-11, the said period could not have been treated as Half Pay Leave vide the impugned order dt.14.02.2017 under Annexure-14 and it should be treated as duty period with extension of all service and financial benefit. 4.7. It is accordingly contended that the impugned order wherein the period from 02.03.2016 to 15.07.2016 has been treated as Half Pay Leave is not sustainable in the eye of law and requires interference of this Court. 5. Learned Addl. Govt. Advocate on the other hand made his submission basing on the stand taken in the counter affidavit. It is contended that Petitioner in terms of the order issued under Annexure-1 on 12.06.2015 was relieved from Phulbani Division on 02.11.2015. Petitioner after being relieved on 02.11.2015, never joined in his place of posting till the order dt. 12.06.2015 was cancelled vide Office order dt.03.03.2016.under Page 3 of 6. Annexure-2. In terms of order issued under Annexure-2, Petitioner though joined on 08.03.2016 vide Annexure-3 but because of the clarification sought for by Opp. Party No.4, his joining was not accepted and in the meantime, fresh order of transfer was issued on 12.05.2016 under Annexure-7, 28.05.2016 under Annexure-8 and 07.06.2016 under Annexure-9. 5.1. Vide order dt.07.06.2016 under Annexure-9, Petitioner though was posted to Boudh K.L. Division, but Petitioner in terms of the order under Annexure-9 did not join and instead made a request to place him either in Baliguda Forest Division or Foresters’ Training School at G. Udayagiri on 30.06.2016 vide Annexure-10. On consideration of the grievance so made under Annexure-10, Petitioner was posted at Baliguda Forest Division vide office order dt.15.07.2016 under Annexure-11 where he joined on 16.07.2016. 5.2. Learned A.G.A accordingly contended that since vide order dt.07.06.2016 under Annexure-9, petitioner was posted to Boudh K.L. Division and he did not join in the said place and in the alternate, made a prayer to post him to another place, which was acceded to by Opp. Party No.2 with issuance of order dt.15.07.2016 under Annexure-11, Petitioner is not eligible to get the benefit for the period from 07.06.2016 to 15.07.2016, as claimed. But for the period 02.03.2016 to 06.06.2016, this Court may pass appropriate order. 6. Having heard learned counsel for the parties and considering the materials available on record, this Court finds that Petitioner was initially put under transfer vide order dt.12.06.2015 under Annexure-1. In terms of the said order, Petitioner though was relieved on 02.11.2015, but the order passed under Annexure-1 Page 4 of 6. was cancelled vide Office order dt.03.03.2016 under Annexure-2. In terms of the said order, Petitioner though submitted his joining on 08.03.2016 under Annexure-3, but because of the clarification sought for by Opp. Party No.4 vide Annexure-4 & 6, his joining was not accepted w.e.f 08.03.2016. Subsequently vide order issued on 12.05.2016 under Annexure-7 and 28.05.2016 under Annexure-8, Petitioner was transferred to different place. But vide the last order on 07.05.2016 under Annexure-9, petitioner was posted to Boudh K.L. Division. As found from the record, Petitioner in terms of order dt.07.06.2016 under Annexure-9 while not joining in Boudh Forest Division made a prayer to post him to some other place on 30.06.2016 vide Annexure-10. On consideration of the same, Petitioner was posted to Baliguda Forest Division on 15.07.2016 under Annexure-11, where he joined on 16.07.2016. 6.1. considering the fact that the Petitioner after being posted to a new place vide order dt.07.06.2016 under Annexure-9 did not join and instead made a request for change of place of transfer under Annexure-10 which was acceded to by Opp. Party No.2 with issuance of office order dt.15.07.2016 under Annexure-11, as per the considered view of this Court, Petitioner is not eligible and entitled to get the benefit for the period from 07.06.2016 to
Decision
15.07.2016, as claimed in the Writ Petition. 6.2. However for the period from 02.03.2016 to 06.06.2016, Petitioner since could not join because of the alleged action of Opp. Party No.4, that period cannot be treated as Leave in any manner and that period should be treated as duty period for all purposes. Page 5 of 6. 6.3. In view of such finding, this Court while interfering with the impugned order dt.14.12.2017 so issued under Anenxure-14 by Opp. Party No.3, direct the said Opp. Party to pass a fresh order with regard to the period from 02.03.2016 to 15.07.2016. The period from 02.03.2016 to 06.06.2016 be treated as duty period and the period from 07.06.2016 to 15.07.2016 be treated as “Leave” as Due and admissible. Such a fresh order, as directed be passed by Opp. Party No.3 within a period of three (3) months from the date of receipt of this order. Consequential financial benefit as due and admissible be released within a further period of one month. The Writ Petition is accordingly disposed of. ( BIRAJA PRASANNA SATAPATHY) Judge sangita Signature Not Verified Digitally Signed Signed by: SANGITA PATRA Reason: AUTHENTICATION OF ORDER Location: HIGH COURT OF ORISSA, CUTTACK Date: 12-Apr-2024 18:57:15 Page 6 of 6.