Orissa High Court
Atul Kumar Jena Das vs State Of Odisha & Others on 23 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.26602 of 2023
Atul Kumar Jena Das .... Petitioner
Mr. Laxmikanta Mohanty, Advocate
-versus-
State of Odisha & others .... Opposite Parties
Mr. Iswar Mohanty, A.S.C.
Mr.S.K.Patra, Standing Counsel
For Opp.Party No.5
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 23.08.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as the learned
Additional Standing Counsel for the State. Perused the Writ Petition as
well as the documents annexed thereto.
3. The present Writ Petition has been filed with the following
prayer :
"It is, therefore, prayed that this Hon'ble Court may
graciously be pleased to issue notice to the opp.Parties calling
upon them to file show cause as to why:-:
i) a direction shall not be issued to grant pension in
favour of the Petitioner by counting the period of
service from 01.04.2004 to 31.08.2019 as qualifying
period of service by taking into consideration the order
passed by learned OAT, Cuttack in OA
No.1106(C)/2015 dated 03.04.2019 under Annexue-6
and consequential order passed by O.P.No.1 dated
19.07.2023 under Annexure-11 as well as the judgment
of Hon'ble Apex Court of India in between D.S.Nakra
vrs. Union of India reported in 82 SC 130;
ii) And after hearing the parties be pleased to direct the
Opp.Parties to release pension and pensionary benefits
in favour of the Petitioner w.e.f 01.09.2019 by counting
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the period of service from 01.04.2004 to 31.082019 as
qualifying service taking into consideration the order of
learned Tribunal as well as the Hon'ble Apex Court of
India and the judgment passed by the Hon'ble Apex
Court in between D.S. Nakra vrs. Union of India
reported in 83 SC 130.
Any pass any other order/orders, direction/directions as
deemed it and proper;"
4. It is submitted by learned counsel for the Petitioner that initially
the Petitioner who was appointed under a centrally sponsored scheme in
the year 1997 by following a due recruitment process. Thereafter,
pursuant to a decision of Government of Odisha under Annexures-3 & 4
the Petitioner along with many other similarly situated persons were
taken into a regular Government establishment as MPHW (M) and were
absorbed in the Sundergarh district on a consolidated monthly
remuneration of Rs.4,000/- P.M. Learned counsel for the Petitioner also
contended that some of the similarly situated employees approached the
Tribunal in the year 2015 by filing the O.A.1106(C) of 2015. The
Tribunal vide order dated 03.04.2019 allowed the O.A. in part. The
prayers of the applicants to regularize their services with effect from
31.03.2004-01.04.2004 and count their services with effect from
01.04.2004 for the purpose of RACP were rejected. However, the
applicants before the Tribunal were granted a relief for pensionary
benefits under the OCS (Pension) Rule, 1992 and GPF Rule, 1938. The
aforesaid order of the Tribunal was challenged before a Division Bench
of this Court by the State-Opposite Parties by filing W.P.(C) No.29224
of 2020. The Division Bench of this Court vide order dated 05.10.2021
while dismissing the writ petition by a speaking order has upheld the
decision of the Tribunal. The order of the Division Bench was assailed
before the Hon'ble Supreme Court by filing a Special Leave to Appeal
(C) No.12835 of 2022. The Hon'ble Supreme Court vide order dated
01.08.2022 has dismissed the SLP. Thus, the order passed by the
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Tribunal as confirmed by this Court has attained finality.
5. Learned counsel for the Petitioner, at this juncture contended that
pursuant to the order passed by the Tribunal as confirmed by this Court
and the Hon'ble Supreme Court the Opposite Parties have already
implemented the order. In the said context, learned counsel for the
Petitioner referred to the order dated 19.07.2023 issued by the Health
and Family Welfare Department under Annexure-11 to the writ
application. Learned counsel for the Petitioner further contended before
this Court that the Petitioner has already approached the Opposite Party
No.1 by filing the representation dated 21.06.2023 under Annexure-10
to the writ application. However, decision has been taken on the same
as of now. Being aggrieved by such inaction of the authorities the
Petitioner approached this Court by filing the present writ application.
6. Learned Additional Standing Counsel on the other hand
contended that since the Petitioner has already approached the Opposite
Party No.1 by filing the representation under Annexure-10 to the writ
application, he will have no objection in the event, this Court directs to
the Opposite Party No.1 to consider the representation of the Petitioner
keeping in view the order passed by the Tribunal as well as this Court
and which has been affirmed by the Hon'ble Supreme Court in the case
of similarly situated employees within a stipulated period of time in
accordance with law.
7. Considering the submission made by learned counsels appearing
for the respective parties and further on a careful examination of the
background facts as well as the documents annexed to the writ
application, this Court deems it proper to dispose of the writ application
at the stage of admission by directing the Health and Family Welfare
Department, Bhubaneswar-Opposite Party No.1 to consider the
representation of the Petitioner dated 21.06.2023 under Annexure-10 to
the writ application within a period of eight weeks from the date of
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communication of the certified copy of this order by the Petitioner. The
Opposite Party No.1 further directed to consider the representation of
the Petitioner under Annexure-10 keeping in view the decision of the
Tribunal as well as this Court and take a final decision in the matter
within the aforesaid stipulated period of time. The decision so taken by
the Opposite Party No.1 be communicated to the Petitioner within two
weeks thereafter.
8. With the aforesaid observations/ directions, the writ
application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
RKS
Signature Not Verified
Digitally Signed
Signed by: RAMESH KUMAR SINGH
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 25-Aug-2023 19:16:49
