The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.33131 of 2021 Rajkishore Mallik …. Petitioner Mr. A. Kanungo, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. A. Behera, A.S.C. CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 06.02.2023 03. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the petitioner and learned counsel for the State. Perused the pleadings of the parties as well as materials annexed thereto 3. The present writ petition has been filed at the instance of the petitioner with a prayer for a direction to the B.D.O., Mahakalpada- Opposite Party No.4 to send the LPC (Last Pay Certificate) after carrying out appropriate and necessary correction therein and further direction to the Opposite Parties to regularize the period of suspension w.e.f. 04.06.2004 to 14.01.2005. The petitioner has also prayed for a direction to allow the duty pay w.e.f. 01.06.2004 to 16.07.2004 and 18 days of duty pay from the date of joining at Mahakalapada Block from 14.01.2005 instead of 14.01.2008 and to revise the pay with due increment and release the arrear and all consequential monthly amounts expeditiously. The petitioner has also prayed for a direction to the // 2 // Opposite Parties to allow pensionary benefits along with reitral dues to the petitioner by regularizing the entire service period of the petitioner. 4. It is submitted by learned counsel for the petitioner that initially, the petitioner was appointed as Welfare Extension Officer (WEO) on 31.08.1987 posted at Kasipur Block in the district of Koraput. While working as such, he was transferred to Marshaghai Block on 28.05.1993. While the petitioner was working there, he was placed under suspension in connection with P.S. Case No.22 of 2004 on 04.06.2004. However, by the order of the authority, the petitioner was reinstated w.e.f. 13.01.2005 and transferred to Mahakalpada Block and joined in the office of the B.D.O., Mahakalapada. The petitioner was being transferred from time to time to different places during such service period. It is alleged by learned counsel for the petitioner that due to non-receipt of LPC, the petitioner was not getting his salary as is due and admissible. Accordingly, he had the authorities by submitting several representations on different occasions with a request to look into the matter and consider the grievance of the petitioner. Finally, the petitioner approached before the Odisha Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.277(C) of 2018, which was disposed of on 18.04.2018 directing the authorities to consider the representation of the petitioner within a period of two months. Finally, the petitioner was promoted to the post of D.W.O.(District Welfare Officer) vide order dated 21.01.2020. While working as D.W.O. at Jagatsinghpur, he had retired from service on attaining age of superannuation on 30.04.2021. After retirement, the petitioner is not getting his pensionary benefits including arrear salary. Thereafter, the petitioner approached this Court by filing W.P.(C) No.23858 of 2020, which was disposed of by this Court vide order dated 21.10.2020 directing the authorities to consider the grievance of the petitioner within a period of fifteen days from the date of receipt of a certified // 3 // copy of the order. 5. It is submitted by learned counsel for the petitioner that since the date of retirement, the petitioner has no source of income as a result of which not only the petitioner is facing many difficulties but also the entire family has been suffering hardships since long as the petitioner is not getting his salary. It is further contended that the petitioner has a son, who is a mentally challenged person and the petitioner is incurring regular medical expenses on his treatment. On the whole, it is submitted by learned counsel for the petitioner that the entire family is suffering. Finally, referring to the letter dated 31.08.2021 under Annexure-13, learned counsel for the petitioner submits that clarification sought for, for withdrawal of salary for the suspension period. However, no such explanation is coming forth. As a result, the petitioner is not getting his arrear dues, service benefits as well as pensionary benefits and other retiral dues as of now. 6. Learned counsel for the State-Opposite parties has filed a detailed counter affidavit wherein it is stated that the matter is under process and further referred to letter under Annexure-13 to the writ petition and submitted that the letter under Annexure-13 has been issued seeking for clarification and the same is pending at Government level. Therefore, he submits that the concerned department is likely to provide necessary clarification so that the claim of the petitioner can be processed expeditiously. 7. Having heard learned counsel for the petitioner, upon careful consideration of the materials placed before this Court, this Court is of the considered view that there is no legal bar in granting the petitioner service benefit he is entitled to. The only difficulty, as observed by this Court is with regard to the period of suspension and the manner in which such period is to be treated by the authority to calculate the // 4 // service benefits of the petitioner. In such view of the matter, this Court disposes the writ petition by directing the Opposite Party No.1 to ensure that the proper clarification is given to the B.D.O., Mahakalapada as has been sought for vide his letter No.3542 dated 31.08.2021 within a period of six weeks from the date of production of certified copy of this order. The B.D.O., Mahakalapada-Opposite Party No.4 is directed to process the entire claim and sanction the benefits as due and admissible to the petitioner within a period of four weeks from the date of getting such clarification. Further, the Opposite Parties are directed to ensure that the petitioner gets his dues as per law within a period of three months from the date of production of certified copy of this order before the competent authority. Further pending finalization of all the dues, the Opposite Parties are directed to immediately release the provisional pension within a period of four weeks from the date of production of certified copy of this order. The Opposite Parties are directed to act upon on production of certified copy of this order 8. With the aforesaid observation/direction, the writ petition stands disposed of. Urgent certified copy of this order be granted on proper application. Jagabandhu ( A.K. Mohapatra ) Judge