The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P (C) (OAC) No.1881 of 2014 Puspita Pradhan Petitioner …. Mr. Siba Prasad Swain, Adv. on behalf of Mr. T. Pradhan, Advocate -versus- Stat of Odisha & Others …. Opposite Parties Mr.S. K. Samal, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 20.03.2024 Order No. 08. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
Facts
2. Heard learned counsel appearing for the Parties. 3. Petitioner has filed the present Writ Petition inter alia with the following prayer:- “The Hon’ble Tribunal may be graciously pleased to allow the original application, quash order No.669 dated 04.07.2013 of the Collector, Angul under Annexure-7 and further direct the Respondent No.1 to 3 to give promotion to the applicant for the post of V.L.W. w.e.f. 04.07.2013 when the Juniors to the applicant has been promoted and give her all the consequential financial and service benefits accrued out of the same and pass such other further order / orders as are deemed just and proper”. 4. It is contended that in the final gradation list of Grama Rozgar Sevak (GRS) published on 05.06.2013 under Annexure-5, Petitioner though was placed at S.L. No.1 and was eligible to get the benefit of promotion to // 2 // the rank of Village Level Worker (VLW) but as because he was illegally terminated from his services vide order dtd.11.06.2013 of the Sarapanch of the concerned Grama Panchayat, Petitioner’s claim to get the benefit of promotion was not considered by the DPC, which was held on 21.06.2013. 4.1. It is contended that challenging the order of termination so passed by the Sarpanch of the Grama Panchayat on 11.06.2013, Petitioner approached this Court in W.P.(C) No.14269 of 2013. This Court while issuing notice of the matter vide order dtd.02.07.2013 passed the following interim order in Misc. Case No.13340 of 2013:- “Misc. Case No.13340 of 2013 Heard. Issue notice as above. Accept one set of process fee. In the interim, the removal order of the petitioner passed by the Sarpanch, Sapaghara Grama Panchayat-opposite party no.3 as at Annexure-7 shall remain stayed and the petitioner shall be permitted to continue as G.R.S under the said Grama Panchayat till the next date. Urgent certified copy of this order be granted on proper application”. 4.2. It is contented that in terms of the interim order passed on 02.07.2023, Petitioner was allowed to continue as Grama Rozgar Sevak (GRS) in the Grama Panchayat as before and after disposal of the writ petition vide order dtd.29.04.2015, the break period in service has not only Page 2 of 6 // 3 // been regularized but it has been also held the Petitioner is in regular service as a Grama Rozgar Sevak (GRS) vide order dtd.17.07.2015 so issued by the Grama Panchayat vide Annexure-8-Series. 4.3. It is contended that since in view of the interim order passed by this Court on 02.07.2013 and final order passed on 29.04.2015 in W.P.(C) No.14269 of 2013, Petitioner was allowed to continue as Grama Rozgar Sevak (GRS) without any break in service, which is also admitted by the Grama Panchayat in its letter dtd.17.07.2015 under Annexure-8-Series, non- consideration of the claim of the Petitioner to get the benefit of promotion to rank of VLW while extending the similar benefit to many of his Juniors vide order dtd.04.07.2013 under Annexure-7 is not legal and justified. 4.4. It is contended that Petitioner though vide order dtd.23.06.2017 of the Collector, Angul under Annexure-9 was extended with the benefit of promotion, but that has been done prospectively i.e. from the date of issuance of the order. 4.5. Learned counsel for the Petitioner contended that since Petitioner was placed at S.L. No.1 of the gradation list of GRS published under Annexure-5 and in view of the interim order passed by this Court in W.P.(C) No.14269 of 2013 and the final order passed on Page 3 of 6 // 4 // 29.04.2015 with the finding that Petitioner has got no break in service, Petitioner is eligible and entitled to get the benefit of all service and financial benefits from the date his juniors got the benefit vide order dtd.04.07.2013 under Annexure-7. 5. Learned Addl. Government Advocate for the State on the other hand made his submission basing on the stand taken in the counter affidavit. It is contended that even though Petitioner was placed at S.L. No.1 of the gradation list published under Annexure-5, but since by the time the DPC was held on 21.06.2013, Petitioner had already been terminated from his services vide order dtd.11.06.2013 there was no occasion to consider his claim to get the benefit. However, in view of the interim
Legal Reasoning
and final order passed by this Court in W.P.(C) No.14269 of 2013 and order passed by the Grama Panchayat on 17.07.2015 under Annexure-8, Petitioner has been extended with the benefit of promotion vide office order dtd.23.06.2017 so issued by the Collector-cum-District Magistrate, Angul under Annexure-K to the counter. It is accordingly contended that since Petitioner has already got the benefit of promotion, no further claim is entertainable. 6. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court finds that in the gradation list of GRS published under Annexure-5, Petitioner was placed at SL.No.1. As further Page 4 of 6 // 5 // found from Annexure-7, persons placed below the Petitioner in the gradation list so issued under Annexure-5 got the benefit of promotion to the rank of VLW vide office order dtd.04.07.2013 under Annexure-7. 6.1. It is also found from the record that pursuant to the interim order passed by this Court on 02.07.2013 and the final order passed on 29.04.2015 in W.P.(C) No.14269 of 2013 and further order passed by the Grama Panchayat on 17.07.2015 vide Annexure-8, there is no break in service of the Petitioner as GRS. 6.2. In view of such position and even though Petitioner during pendency of the matter has got the benefit of promotion vide order dtd. 23.06.2017 under Annexure-9, but it is the view of this Court that Petitioner is eligible and entitled to get the benefit of promotion with all service and financial benefits from the date his juniors got the benefit vide order dtd.04.07.2013 under Annexure-7. 6.3. In view of the aforesaid analysis, this Court while
Decision
disposing the writ petition directs Opposite Party No.2 to conduct a review DPC of the DPC held on 21.06.2013 and consider the eligibility of the Petitioner to get the benefit of promotion from the date his juniors got the same vide office order dtd.04.07.2013 under Annexure-7. Such a review DPC as directed be held within a period of two (2) months from the date of receipt of this order. On conduct of such review DPC, if the Petitioner was found eligible to Page 5 of 6 // 6 // get the benefit of promotion, then such benefit be extended from the date his Juniors got the same as per order dtd.04.07.2013 with all service and financial benefits within a further period of two(2) months. Differential entitlement as due and admissible shall also be released within the aforesaid time period. 7. With the aforesaid observations and directions, the Writ Petition stands disposed of. (Biraja Prasanna Satapathy) Judge Subrat Signature Not Verified Digitally Signed Signed by: SUBRAT KUMAR BARIK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 21-Mar-2024 18:22:15 Page 6 of 6