Orissa High Court
Subash Chandra Nayak vs The Lic on 1 October, 2024
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 7370 of 2014
Subash Chandra Nayak ........ Petitioner(s)
Mr. U.C. Mishra, Adv.
-Versus-
The LIC, Central Office,
Mumbai & Ors. .......... Opposite Parties
Mr. Jayanta Kumar Rath, Sr. Adv.
along with associate
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
01.10.2024 Order No.
01. 1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the parties.
3. In filing this Writ Petition, the Petitioner seeks a direction from this Court to the Opposite Parties to absorb him as a regular Peon/in any Class-IV post in LIC, Bhadrak Branch.
4. Learned counsel for the Petitioner submits that the Petitioner was appointed on daily wage basis in LIC of India, Bhadrak Branch/Opposite Party No.3 in the year 1999. He further submits that the Petitioner was discharging his duties sincerely to the satisfaction of his authorities. An F.I.R dated 15.05.2004 was lodged Signature Not against Verifiedthe Petitioner alleging theft of Cash Box. The Opposite Digitally Signed Signed by: LITARAM MURMUParties without making any query have removed the Petitioner Reason: Authentication Location: High Court of Orissa Cuttack from service vide Letter dated 18.10.2004. Date: 03-Oct-2024 19:51:59 2
5. Learned counsel for the Petitioner further contends that on the basis of the said F.I.R. a case was registered against the Petitioner vide Bhadrak P.S. Case No-104/2004 corresponding to G.R Case No-564/2004. The Petitioner had contested the matter. The learned J.M.F.C., Bhadrak vide judgment dated 19.10.2012 acquitted the Petitioner from all the charges. Thereafter, the Petitioner filed a representation before the Opposite Party No.2/The Senior Divisional Manager, LIC of India Cuttack to consider his case for reengagement sympathetically. Since the Petitioner's representation was not consider, he had approached before this Court vide W.P(C) No.21485/2013 and this Court vide order dated 18.11.2013 disposed of the said Writ Petition with a direction to the Opposite Party No.2/The Senior Divisional Manager, LIC of India Cuttack to take a decision on the representation of the Petitioner. He further submits that inspite of direction of this Court, the Opposite Party No.2 rejected the representation of the Petitioner on the ground that the Petitioner was neither fulfilled the eligibility criteria nor did he apply for appointment at the time of notification for the post of Peon. Hence, the Petitioner is constrained to approach this Court by way of this present Writ Petition. Signature Not Verified Digitally Signed 6. Learned Senior Counsel for the Opposite Parties submits that the Signed by: LITARAM MURMU Reason: Authentication Location: High Court of Petitioner Orissa Cuttack was being engaged as a daily labourer by Bhadrak Date: 03-Oct-2024 19:51:59 Branch Office, as and when necessary. He was never removed by 3 anybody of LIC. He further submits that the Petitioner was arrested by the police owing to missing/stolen cash of Rs.2,07,057.43p during shifting of one iron cash box while it was brought from the iron safe situated in the Chamber of the Branch Manager. Thereafter, he was not engaged as a daily labourer, as there was no need of the office of the Opposite Parties. He further submits that the Petitioner had earlier filed a Writ Petition vide W.P.(C) No.21485 of 2013 with a prayer to absorb him as a regular peon as he was working on daily wage basis under the Branch Manager, LIC, Bhadrak Branch. This Court disposed of the said Writ Petition vide order dated 18.11.2013 directing the Opposite Party No.2/Senior Divisional Manager, LIC of India to take a decision on the representation filed by the Petitioner. The said representation was rejected by the Opposite Party No.2 by passing a reasoned order and communicated the result thereof to the Petitioner.
7. In such view of the matter, the Petitioner is granted liberty to challenge the order dated 23rd January, 2018 passed by the Chairman, LIC of India, Central Office, Mumbai.
8. It is made clear that, if there is any delay in challenging the said order, the delay may be condoned liberally, as the matter was Signature Not Verified Digitally Signed pending before this Court. Signed by: LITARAM MURMU Reason: Authentication Location: High Court of Orissa Cuttack Date: 03-Oct-2024 19:51:59 4
9. Accordingly, the Writ Petition is disposed of.
( Dr. S.K. Panigrahi) Judge Murmu Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: High Court of Orissa Cuttack Date: 03-Oct-2024 19:51:59