The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P(C) (OAC) No.2759 of 2015 Harmohan Sahoo …. Petitioner Mr. S. Patra-1, Advocate -versus- State of Odisha & Others …. Opposite Parties Mr. M.K. Balabantaray, AGA COROM: JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 26.06.2023 Order No 06. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
Legal Reasoning
2. Heard Mr. S. Patra-1, learned counsel for the Petitioner and Mr. M.K. Balabantaray, learned Addl. Government Advocate. 3. The Petitioner has filed the present Writ Petition inter alia with the following prayer:- “A) Respondents be directed to absorb the applicant post of Jeep Driver. in the B) The Respondents be directed to pay the salaries for the post of Jeep Driver from the date of engagement of the applicants as Jeep Driver with arrears”. 4. It is contended that even though the Petitioner was engaged as a Helper in the work-charged establishment, where he joined on 31.03.1981, but taking into account the fact that the Petitioner is capable to drive the vehicle with having valid driving licence, he was allowed to drive the Jeep attached to the Office of Opposite Party No.5. 5. It is contended and taking into account the fact that the Petitioner was allowed to drive the Jeep in the Office of // 2 // Opposite Party No.5, though proposals were submitted on different occasions for absorption of the Petitioner as against the post of Driver as reflected in the communications issued under Annexures-3, 4 and 5, but no step was taken to absorb the Petitioner as such. 6. It is also contended that while so continuing in the work-charged establishment, the Petitioner was regularized as against the post of Helper in the year 2014. But after such regularization also the Petitioner was allowed to drive the Jeep in the establishment of Opposite Party No.5 and the said fact is also reflected in the Office Order issued under Annexure-9. 7. Mr. S. Patra-1, further contended that persons similarly situated and absorbed as Helper in the regular establishments were subsequently absorbed as against the post of driver taking into account the fact that they were allowed to drive the Vehicle in the concerned establishment. Even though from the year, 1988 till the Petitioner retired from his service on 30.11.2020, he was assigned the duty to drive the jeep in the establishment of Opposite Party No.5, but no action was taken to absorb him as against the post of Jeep Driver. It is accordingly contended that since the Petitioner all through discharged the duty of driver from the year 1988 till his retirement on 30.11.2020, he is otherwise eligible and entitled for his absorption as against the said post. 8. Mr. M.K. Balabantaray, learned Addl. Government Advocate on the other hand made his submission basing on the stand taken in the counter affidavit so filed by the Opposite Parties. It is the main contention of Mr. Page 2 of 4 // 3 // Balabantaray that since the Petitioner on his own willingness, drive the Jeep in the Office of Opposite Party No.5, his claim for absorption as against the post of driver is not entertainable. 9. It is also contended that the post of driver is not a promotional post and there is no such promotional avenue for the employees working in the work-charged establishment. But Mr. Balabantaray does not dispute the communications issued by the Opposite Parties enclosed to the writ petition, wherein the Petitioner has been allowed to drive the jeep in the Office of Opposite Party No.5 from 1988 onwards till he retired on 30.11.2020. 10. To the submissions made by the learned Addl. Government Advocate, Mr. S. Patra-1, learned counsel for the Petitioner brought to the notice of this Court the gradation list of work-charged employee vide Annexure-12, showing therein that the persons engaged as Helper in the work-charged establishment have been absorbed as Jeep Driver. It is accordingly contended that the Petitioner since from the year 1988 till he retired on 30.11.2020 was allowed to drive the jeep in the establishment of Opposite Party No.5, he should have been absorbed as against the post of Driver prior to his retirement and thereby allowing him to get the benefit of the salary as admissible to the post of driver as well as pensionary benefits at a higher rate. 11. Having heard learned counsel for the Parties and after going through the materials available on record, it is found that the Petitioner though was engaged as a Helper in the work-charged establishment, where he joined on Page 3 of 4 // 4 // 31.03.1981 and was subsequently regularized as a Helper in the year 2014, but the Petitioner was allowed to drive the jeep in the Office of Opposite Party No.5. Various communications as available and enclosed vide Annexures-3, 4, 5, 6 and 9 as well as 11 show the continuance of the Petitioner as a Jeep Driver all through. 12. In view of such materials available on record, it is the view of this Court that the Petitioner prior to his retirement should have been absorbed as against the Post of Driver. However, since the Petitioner has retired from his service in the meantime on 30.11.2020, this Court while disposing the Writ Petition directs Opposite Party No.1 to pass appropriate order by absorbing the Petitioner as a Driver in the establishment of Opposite Party No.5 from the date of his entitlement, but on notional basis only. On such absorption of the Petitioner as a Driver, the Petitioner will only be entitled to get the benefit of pension and other pensionary benefits as due and admissible to the post of Driver. The said entitlement shall be calculated and disbursed in favour of the Petitioner. The entire exercise shall be undertaken and completed by Opposite Party No.1 within a period of three (3) months from the date of receipt of this order. 13. With the aforesaid observations and directions, the
Decision
Writ Petition stands disposed of. Signature Not Verified Digitally Signed Signed by: SUBRAT KUMAR BARIK Designation: Senior Stenographer Reason: .. Subrat Location: HIGH COURT OF ORISSA, CUTTACK Date: 04-Jul-2023 11:28:11 Judge (Biraja Prasanna Satapathy) Page 4 of 4