The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) (OAS) No.17 of 2015 Chaitanya Sabar State of Odisha and Others …. Petitioner Mr. N.K. Mahapatra, Advocate -versus- …. Opposite Parties Mr. M.K. Balabantaray, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 21.09.2023 Order No. 11. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
Legal Reasoning
2. Heard learned counsel for the Parties. 3. The present Writ Petition has been filed with the following prayer:- “(i) Sanction and disbursement of his full salary from 21.10.2002 to 31.08.2011 after fixation of his pay in the Revised Scale of Pay Rules, 2006. (ii) Fixation of his pay in the Revised Scale of Pay Rules, 2006 and disbursement of the arrear incremental amount thereof. (iii) Sanction of his Annual increment for 9(nine) years from 1.1.2003 the arrear incremental dues thereof. to 1.11.2011 and disbursement of (iv) Sanction and disbursement of surrender leave salary. (v) Sanction and disbursement of unutilized leave salary. (vi) Sanction and disbursement of the amount of gratuity. // 2 // (vii) Sanction and disbursement of full pension after fixation of his pay from 1.9.2011 till date with arrear pension. (viii) Any other relief the applicant is lawfully entitled to.” 4.
Legal Reasoning
It is contended that against an order of punishment passed in a departmental proceeding so confirmed by the appellate authority, the Petitioner approached the Tribunal in O.A No.4(S)/2010. The Tribunal vide order dtd.19.04.2013 quashed the order of punishment as well as the order passed in the appeal and remanded the matter to the disciplinary authority with a direction to dispose of the proceeding within a period of eight months from the date of receipt of this order, failing which the charges against the Petitioner shall be deemed to have been dropped. 4. It is contended that on such remand of the matter vide order dtd. 19.04.2013, the proceeding was not
Decision
disposed of within the stipulated time and accordingly in terms of the said order the proceeding was treated to have been dropped. But the pensionary benefits of the Petitioner when was not released, the Petitioner filed the present writ petition inter alia with prayer as indicated hereinabove. 5. In the counter affidavit filed by the Opposite Parties when a stand was taken that after remand of the matter, the proceeding was disposed of with award of punishment of dismissal from Government service and recovery of Rs.70,000/- without enclosing any order to that effect, Page 2 of 7 // 3 // this Court passed an order on 24.04.2023 to the following effect:- “2. Heard Mr. N.K. Mahapatra, learned counsel for the Petitioner and Mr. D.K. Mohanty, learned Addl. Standing Counsel for the State. 3. It is contended that challenging the order of punishment passed against the Petitioner in a Departmental Proceeding, the Petitioner approached the Tribunal in O.A No.4(S) of 2010. The Tribunal vide order dated 19.04.2013 while quashing the order of punishment as well as the order passed in the appeal, remanded the matter to the disciplinary authority to dispose of the proceeding within a period of eight months from the date of receipt of this order, failing which the charges against the Petitioner shall be deemed to have been dropped. 4. Mr. Mohapatra, contended that as directed by the Tribunal in its order under Annexure-3, the proceeding was never disposed of within the stipulated period of eight months and accordingly in view of the order passed by the Tribunal, the proceeding is deemed to have been dropped. 5. Even though a counter affidavit has been filed at the instance of Opposite Party No.1 and a stand has been taken that on remand of the matter by the Tribunal, the enquiry was conducted and the proceeding was finalized with awarding of punishment of dismissal recovery of from Government service and Rs.70,000/-, but no such order has been enclosed to the counter affidavit so filed by Opposite Party No.1. 5. Taking into account such stand taken by the Opposite Party No.1 in the counter affidavit, this Court directs for personal appearance of Opposite Party No.1 on 03.05.2023. 6. List this matter on 3rd of May, 2023. 7. A free copy of this order be handed over to Mr. D.K. Mohanty, learned ASC for compliance”. 5.1. Pursuant to the order passed by this Court on 24.04.2023, Opposite Party No.2 appeared before this Court on behalf of Opposite Party No.1 and considering the submissions of Opposite Party No.2, the following order was passed on 03.05.2023. Page 3 of 7 // 4 // This matter was not in the today’s list. On being “2. mentioned, the same was taken up. to Pursuant the order passed by this Court on 3. 24.04.2023, instead of Opp. Party No.1, Shri Srikanta Tarai, Director, Scheduled Caste & Scheduled Tribe Development, M & BCW Department, Bhubaneswar Opp. Party No.2 appeared before this Court and contended that due to some personal problem of Opp. party No.1, she could not appear before this Court and in her place, Opp. Party No.2 was directed to appear. Opp. Party No.2 also files an affidavit in compliance to the order passed on 24.04.2023. The affidavit be kept in record. 4. It is contended in the affidavit that in terms of the order passed by the Tribunal on 19.08.2013 in OA NO.4(S ) of 2010 and 20.4.2015 in OA No.17(S) of 2015, the Petitioner has been sanctioned with provisional pension in terms of the Rule-65 of the OCS Pension Rules, 1992 from the date of entitlement. subsequent passed order on Mr. Tarai, who appeared before this Court in place of 5. Opp. Party No.1 fairly contended that the order of dismissal so passed against the petitioner with the order of recovery will be withdrawn by 16.5.2023 and steps will be taken to release pension and other pensionary benefits in favour of the Petitioner in the meantime. 6. Considering such undertaking given by the Opp. Party No.2, this Court while fixing the matter to 18th May, 2023 directs the learned A.G.A to produce the recalling order along with the steps taken by the Opp. Party No.2 with regard to payment of the pension and other pensionary benefits in favour of the petitioner. 7. As requested, list this matter on 18th May, 2023. 8. Personal appearance of Opp. Party Nos.1 & 2 are dispensed with for the present. Free copy of this order be provided to Mr. M.K. Balabantaray, learned Additional Govt. Advocate for compliance.” 5.2. It is contended that pursuant to the order passed by this Court on 03.05.2023, the order of dismissal passed against the Petitioner on 28.10.2016 was withdrawn vide office order dtd.15.05.2023. Page 4 of 7 // 5 // 5.3. In view of such withdrawal of the order of dismissal, this Court when observed that the Petitioner is entitled to get the benefit of pension and other pensionary benefits as provided under OCS (Pension) Rules, 1992, further instruction was provided by the learned State Counsel. In the said instruction, it was intimated that prior to withdrawal of the order of the dismissal, Petitioner was sanctioned with the provisional pension vide department order No.8504 dtd.02.05.2023. It was also submitted that provisional pension has been disbursed in favour of the Petitioner and steps will be taken to release the final pension and other pensionary benefits in favour of the Petitioner. 6. Even though such instruction was provided to this Court on 28.07.2023, but no further instruction could be obtained by the learned State Counsel as to whether after withdrawal of the order of dismissal with sanction of provisional pension, pension and other pensionary benefits as due and admissible has been released in favour of the Petitioner. The order passed by this Court on 28.07.2023 is quoted hereunder:- “2. Pursuant to the order passed by this Court on 10.07.2023, learned Addl. Government Advocate produced the instruction provided by the Government Opposite Party No.1 vide letter dated 18.07.2023. The same be kept in record. 3. It is contended that after withdrawal of the order of dismissal, the Petitioner has been released with arrear provisional pension in the meantime. Page 5 of 7 // 6 // 4. It is also indicated in the instruction that steps will be taken to release the pension and other pensionary benefits in favour of the Petitioner. 5. Considering the instruction so provided to this Court, this Court is inclined to allow time till 25.08.2023 to take step for release of the pension and other pensionary benefits in favour of the Petitioner. 6. As requested, list this matter in the week commencing 28th of August, 2023”. 6.1. Learned Addl. Government Advocate on the other hand contended that since the order of dismissal so passed against the Petitioner has been withdrawn vide order dtd.15.05.2023 and the Petitioner has been sanctioned with the provisional pension vide order dtd.02.05.2023, necessary direction be issued to Opposite Party No.2 to release the final pension and other pensionary benefits as due and admissible to the Petitioner. 7. Mr. Mohapatra, learned counsel has no serious objection to the submission made by the learned State Counsel. 8. Having heard learned counsel for the Parties and taking into account the submissions of the learned State Counsel, this Court while disposing the Writ Petition directs Opposite Party No.2 to sanction and release the final pension and other pensionary benefits as due and admissible to the Petitioner within a period of three (3) months from the date of receipt of this order, failing which it will be viewed seriously. Page 6 of 7 // 7 // 10. Accordingly, the Writ Petition stands disposed of. (Biraja Prasanna Satapathy) Judge Subrat Signature Not Verified Digitally Signed Signed by: SUBRAT KUMAR BARIK Reason: .... Location: HIGH COURT OF ORISSA, CUTTACK Date: 28-Sep-2023 12:32:58 Page 7 of 7