Orissa High Court
Dr. Aurobindo Kumar Sahu vs State Of Odisha on 29 November, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC (OA) No. 358 of 2015
Dr. Aurobindo Kumar Sahu .... Petitioner
Mr. K.C. Sahu, Adv.
-Versus -
State of Odisha .... Opposite Parties
Standing Counsel
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
29.11.2021
Order No. This matter is taken up through hybrid mode.
2. Heard learned counsel appearing for the parties.
3. Originally, the case was filed n the Tribunal in Original
Application No.358 of 2015. On being transferred to this Court,
the same has been registered as WPC(OA) No.358 of 2015. The
petition involves the following prayer:
"In view of the facts and submissions mentioned in para-
(6) above the applicant prays for the following relief(s):
(i) The Hon'ble Tribunal be pleased to admit the Original
Application,
(ii) The Hon'ble Tribunal be pleased to quash the
impugned order under Annexure-6, dtd.12.1.2015 in
respect of the applicant by declaring the same as illegal,
arbitrary and discriminatory in nature.
(iii) The Hon'ble Tribunal be pleased to further declare
that the applicant is to be governed under the old O.C.S.
(Pension) Rules, 1992 and existing GPF(O) Rules but not
under the new restructured defined pension scheme with
directing for GPF deduction from his salary on regular
basis as usual with all consequential service benefits for
the interest of justice.
(iv) The Hon'ble Tribunal may be pleased to pass any
order(s)/ direction(s) as deems fit and proper for the
interest of justice."
4. Background involving the case is that the
applicant being a BAMS Certificate holder was selected in a
duly constituted selection committee and accordingly appointed
as Ayurvedic Medical Officer on contractual basis. While the
petitioner was continuing as such, by office order dated
21.12.2006 of the Government in H & FW Department, the
service of the petitioner was regularized and by the time of filing
of the Original Application, the petitioner was continuing as a
regular employee. While the petitioner was continuing as a
contractual Ayurvedic Medical Officer, State Government issued
a notification dated 17.09.2005 introducing a new re-structured
defined contribution pension scheme for the new entrants in the
State Government service with effect from 01.01.2005. While
matter stood above, there arose some doubt in the matter of
implementation of such circular, clarification appears to have
been issued to all Departments of the Government vide
intimation dated 04.04.2007 indicating therein that the cases of
employees would be governed in terms of OCS Pension Rule,
1992 and existing GPF(O) Rules. It is after such clarification is
issued, the Director Health Services, Odisha vide letter dated
20.09.2011 issued instruction to all Chief District Medical
Officers of the State directing therein for deduction of G.P.F.
deduction of the staff under their control and those who were
appointed on contractual basis prior to 01.01.2005 and brought
over on regular basis after 01.01.2005. It is pursuant to such
developments, petitioner was provided with G.P.F. number and
the petitioner was continued to be a G.P.F. subscriber. It is while
the matter stood thus, the opposite party no.5 issued a letter
dated 12.01.2015 thereby cancelling the G.P.F. Account number
in respect of the employees, who are continuing on contractual
basis prior to 01.01.2005. Petitioner being aggrieved by such
direction of the opposite party no.5, preferred the Original
Application involved herein. On entertaining the Original
Application, it appears by interim order the Tribunal stayed the
operation of the instruction vide Annexure-6 so far as the
applicant is concerned.
5. Mr. Sahu, learned counsel appearing for the
petitioner on reiteration of the factual background indicated
hereinabove giving reference to the documents appended here to
further taking support of the judgment of the Tribunal in
Original Application No.98 of 2015 disposed of on 19.5.2017
confirmed by this Court in the case of State of Odisha & Others
Vs. Sanjulata Sethy & Others in disposal of W.P.(C).No.22057
of 2019 and further being affirmed by Hon'ble Apex Court,
attempted to justify the claim involved herein. Mr.Sahu, learned
counsel further also submitted that in another development
involving a judgment in similar situation being carried up to
Hon'ble Apex Court, the Hon'ble Apex Court in disposal of a
batch of SLPs including Special Leave Petition (C).No.23578 of
2012 and dismissal of the State's plea vide batch of review cases
including Review Petition (C) No. 2038 of 2013. Mr.Sahoo
further taking support of this judgment also to the case at hand,
claimed above judgment also taken care of in the disposal of
Original Application No.98 of 2015.
6. Learned Standing Counsel appearing for the State
taking this Court to the reason assigned in the counter affidavit
in justification of the impugned order however did not dispute
the position of law involving very same issue not only decided
by the Tribunal in the above Original Application but also
decided through the decision in Special Leave Petition
(C).No.23578 of 2012 and Review Petition (C) No. 2038 of
2013.
7. Since the claim made here based on settled
position of law, without entering into the factual aspect, this
Court simply observes the Finance Department orders herein
also impugned in the Original Application No.98 of 2015. The
Tribunal after taking all the factual aspects involved herein and
further taking into the developments through the above SLP(C)
and the Review settling the position in disposal of Original
Application No.98 of 2015, has come to hold the orders at
Annexure-6 also being impugned herein were set aside. For there
is no dispute with regard to the position of law on this aspect and
as has already been settled through the above judgment, this
Court sets aside the orders at Annexure-6 and allows the
application directing to maintain the position of the petitioner so
far it relates to continuance in the G.P.F. Scheme from the date
of her regularization.
8. The writ petition succeeds.
Issue urgent certified copy as per rules.
Arun (Dr. B.R. Sarangi)
Judge
