The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.27813 of 2022 Bamadev Dash, aged about 73 years S/o-Late Jaykrishna Dash, Village/P.O.- Kamakhyanagar, Ps-Kamakhyanagar, Dist-Dhenkanal. …. Petitioner Mr. Niranjan Lenka, Advocate -versus- 1. State of Odisha, represented through Principal Secretary to Govt., Revenue and Disaster Management Department, Lokseva Bhawan, Bhubaneswar, Dist-Khurda 2. Addl. District Magistrate, Dhenkanal, …. Opposite Parties At/PO/Ps/Dist-Dhenkanal 3. Collector, Dhenkanal, At/PO/Ps/Dist- Dhenkanal 4. Tahasildar Bhubana, At/PO/Ps- Bhuban, Dist-Dhenkanal 5. Sub-Treasury Officer, Bhuban, At/PO/Ps-Bhuban, Dist-Dhenkanal
Legal Reasoning
Mr. Sailaza Nandan Das, Additional Standing Counsel
Decision
CORAM: HON’BLE MR. JUSTICE MURAHARI SRI RAMAN ORDER 06.08.2024 Order No. 08. This matter is taken up through Hybrid Mode. 2. With a prayer to quash an order dated 21.06.2022 passed by the Collector, Dhenkanal in Misc. Case No.01 of 2022, the petitioner has approached this Court by way of filing this writ petition invoking provisions of Articles 226/227 of the Constitution of India for issue of writ of mandamus to the opposite parties to W.P.(C) No.27813 of 2022 Page 1 of 6 disburse final pension, officiating salary and promotional dues with accrued interest. 3. The petitioner, appointed as LDC, was promoted to the post of Senior Clerk being posted in various Tahasil Offices, was directed to officiate the post of Head Clerk in the Office of Tahasildar, Bhuban with effect from 10.03.2005 and, subsequently, retired from service with effect from 30.11.2006 on attaining the age of superannuation. 4. Though pension papers were submitted to the Competent Authority, i.e., the opposite party no.4-Tahasildar, Bhuban, till date retirement benefits have not been extended to him, as the petitioner was neither facing any proceeding nor he was punished in the Departmental Proceeding. Though he was entitled for full and final pension and all other post retirement benefits, the same are not released due to inaction and lackadaisical approach of the authorities. 5. To ventilate his grievance, the petitioner approached the learned Odisha Administrative Tribunal, Principal Bench, Bhubaneswar in O.A. No.1672 of 2007, which came to be disposed of on 09.01.2008 with the observation that since the representation of the petitioner was pending before the authority, the case was premature. Being aggrieved, the petitioner filed writ petition being W.P.(C) No.4230 of 2009, which was disposed of vide order dated 16.03.2022 with the following order:- “1. Despite notice having been issued way back on 29th June, 2009 till date no counter affidavit has been filed by any of the Respondents. W.P.(C) No.27813 of 2022 Page 2 of 6 2. The grievance of the Petitioner is about non-release of the retiral dues including provident fund, gratuity, pension etc. 3. Earlier the Orissa the Petitioner had approached Administrative Tribunal (OAT) which passed an order dated 9th January, 2008 in O.A. 7617 of 2007 directing the Opposite Party No.3-Collector, Dhenkanal to treat the O.A. itself as an application and pass appropriate orders. It is stated that despite the above order nothing has been done by the Opposite Parties. 4. Mr. Das, learned Addl. Standing Counsel assures the Court that if a time-bound direction is issued to examine the Petitioner’s grievance and pass an appropriate order, it will be complied with. 5. It is stated that as a result of bifurcation the districts the matter will now be considered by the Collector, Angul. Accordingly, a direction is issued to the Collector, Angul to examine the Petitioner’s grievance as set out in the present petition and after hearing the Petitioner to pass an appropriate reasoned order not later than 2nd July, 2022 and communicate it to the Petitioner not later than 11th July, 2022. If aggrieved by such order, it will be open to the Petitioner to seek appropriate remedies in accordance with law. It is clarified that the Court has not expressed any opinion on the merits of the case. 6. The writ petition is accordingly disposed of.” 6. Pursuant to the aforesaid direction, the Collector and District Magistrate, Dhenkanal has passed an order dated 21.06.2022, which reads as thus:- “The case is taken up today. The petitioner is present and filed hazira. The Additional District Magistrate, Dhenkanal & Deputy Collector, Establishment, Collectorate, Dhenkanal are also present in the Court. Perused the report of Tahasildar, Bhuban submitted vide his letter No.1746 dated 18.06.2022. As reported by Tahasildar, Bhuban:- 1. The provisional pension of the petitioner have been sanctioned vide District Office Order No.178 dated 18.01.2007 and disbursed in every month by his office till date since his retirement. W.P.(C) No.27813 of 2022 Page 3 of 6 2. The final GPF of the petitioner has been sanctioned by A.G.(A&E), Odisha, Bhubaneswar vide Order No.Fd- 11-FPR-666/07-08/2796, dt.06.03.2008 and drawn vide to Rs.67,012/- on Bill No.4/2008-09 amounting 04.04.2008. 3. The Un-utilized Leave Salary of the petitioner has been sanctioned by ADM, Dhenkanal vide District Office Order No.2417 dated 17.12.2007 and drawn vide Bill No.17/2007-08 on dt.09.01.2008. Rs.96,720/- amounting to 4. The final pension application along with Original Service Book of Sri Dash have been submitted to the District Office vide his Office letter No.1241 Dt.09.07.2013. the file and case records of Departmental Perused Proceedings No.358/2001 against the petitioner. The Deputy Collector-Judicial, Collectorate, Dhenkanal & Enquiring Officer has submitted his enquiry report vide Memo No.2171/Judl. Dt.25.10.2014. The Enquiring Officer has reported, “since the matter is under Sub-judice in the Odisha High Court in WP Case No.9499 of 2012, we may await till final order passed by the Hon’ble Court on the above matter”. In view of the above, pending departmental proceeding No.358/2001 against the petitioner, Tahasildar, Bhuban is directed to revise the provisional pension of the petitioner as per ORSP Rules, 2008 and ORSP Rules, 2017 and provide Treasury Voucher Nos. In respect of the Bill No.4/2008-09 and Bill No.17/2007-08 drawn for Payment of Final GPF and Un-Utilized Leave Salary respectively to the petitioner under intimation to the District Office. With the above direction, the petitioner’s grievance is hereby disposed of. Order pronounced in the open Court this day, i.e., 21st June, 2022. ” 7. Dissatisfied with said Order, the petitioner has filed this writ petition. W.P.(C) No.27813 of 2022 Page 4 of 6 8. Heard Mr. Niranjan Lenka, learned counsel for the petitioner and Mr. Sailaza Nandan Das, learned Additional Standing Counsel appearing for the State-opposite parties. 9. Mr. Niranjan Lenka, learned counsel appearing for the petitioner submitted that despite clear direction of this Court for consideration, the Collector and District Magistrate, Dhenkanal has shunned his responsibility to pass reasoned order and passed slipshod order. Therefore, the aforesaid order of Collector, Dhenkanal cannot be sustained. 9.1. He further submitted that since W.P.(C) No.9499 of 2012 has already been disposed of by this Court vide order dated 11.03.2022, the order of the Collector and District Magistrate, Dhenkanal is liable to be quashed. He produced a copy of the said order dated 11.03.2022 before this Court for perusal. 10. Mr. Sailaza Nandan Das, learned Additional Standing Counsel appearing for the State-opposite parties having been made aware of disposal of aforesaid writ petition, W.P.(C) No.9499 of 2012 (Sudhakar Pradhan vs. State of Orissa and others), as referred to by the Collector and District Magistrate in his order, has no other submission but to concede the fact that the petitioner was entitled to relief claimed in the writ petition. 11. Learned counsel for the petitioner is found justified in his submission that since the said case [W.P.(C) No.9499 of 2012] has been disposed of vide order dated 11.03.2022, the impugned order dated 21.06.2022 passed by the Collector & District Magistrate, Dhenkanal in Misc. Case No.01 of 2022 cannot be sustained as in the said order, it is stated that “since the matter is under sub-judice W.P.(C) No.27813 of 2022 Page 5 of 6 in the Odisha High Court in W.P.(C) No.9499 of 2012, we may await till fill order passed by the Hon’ble Court”. 12. This Court is, therefore, of the considered view that the order dated 21.06.2022 passed in Misc. Case No.01 of 2022 by the Collector & District Magistrate, Dhenkanal-opposite party no.3 cannot be held to be tenable. Accordingly, said Order deserves to be quashed and this Court does so. This matter does require fresh consideration by the opposite party no.3. This Court remits the matter to the Collect and District Magistrate, Dhenkanal, opposite party No.3, and directs the opposite party no.3 to consider the grievance of the petitioner and grant the final pension, officiating salary and promotional dues within a period of three months from today. 13. With the aforesaid observation and directions, the writ petition stands disposed of. Laxmikant (M.S. Raman) Judge Signature Not Verified Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 07-Aug-2024 11:04:33 W.P.(C) No.27813 of 2022 Page 6 of 6