Bauribandhu Sahu vs The Chairman
2023 Latest Caselaw 12767 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                              W.P.(C) No. 32550 of 2023

            Bauribandhu Sahu                          ....               Petitioner
                                                  Mr. Dayanidhi Mishra, Advocate

                                          -versus-

            The Chairman,                             ....        Opposite Parties
            Odisha Gramya Bank, Bhubaneswar
            and others

                      CORAM:
                      JUSTICE A.K.MOHAPATRA

                                         ORDER

Order No.                               16.10.2023
   01.      1.      This matter is taken up through Hybrid Arrangement
            (Virtual/Physical Mode).

2. Heard learned counsel for the Petitioner. Perused the writ petition as well as the documents annexed thereto. Perused the writ petition as well as the documents annexed thereto.

3. The Petitioner has filed the present writ petition with the following prayer:-

"It is therefore prayed that this Hon'ble Court may graciously be pleased to admit the writ application, issue notice to the opp. Parties and after hearing the parties, the writ application may be allowed with the following directives;

(i) To release the Pension benefits to the petitioner as per RRB (Employees') Pension Scheme, 2018 and settled legal principles in reference to Annexure-11.

(ii) To release arrear legitimate full salary dues of the petitioner for the period from 01.01.2013 to 10.03.2015 i.e. for 27 months, leave encashment for 16 months amounting to Rs.8,20,528/- and revised // 2 //

salary due amounting to Rs.1,00,000/- as per bipartite settlement with bank unions agreeing an increase in pay slip for bank employees with interest.

(iii) Order dt. 6.1.2016 under Annexure-5 and Order dt.

13.05.2016 under Annexure-6 and Order dt. 30.03.2021 under Annexure-10 be set aside with appropriate directives;

And pass such other order(s) as your Lordship may deem fit and proper; And for such act of kindness, the petitioner shall as in duty bound every pray."

4. It is submitted by the learned counsel for the Petitioner that the Petitioner was working under a Regional Rural Bank. As per the Pension Scheme of the RRB, the Petitioner is entitled to the pensionary benefits. Learned counsel for the Petitioner further submitted that the Petitioner while working under the RRB, he was removed from service. Further, referring to the judgment of the Hon'ble Supreme Court, learned counsel for the Petitioner submitted that the Petitioner is entitled to the pensionary benefits. However, he further contended that the Petitioner was not approached the Opposite Parties claiming pensionary benefits.

5. Considering such submission, this Court deems it proper to dispose of the writ petition at the stage of admission by granting liberty to the Petitioner to file a fresh representation before the Opposite Party No.1 within three weeks from today. In the event the Petitioner approaches the Opposite Party No.1, the Opposite Party No.1 shall do well to consider and dispose of the same in accordance with law within a period of two months

// 3 //

from the date of communication of a certified copy of this order. The final decision so taken thereon be communicated to the Petitioner within two weeks thereafter. It is made clear that in the event the Opposite Party No.1 comes to a conclusion that the Petitioner is entitled to the pensioanry benefits as per law and there is no other legal impediment, then steps be taken to sanction and disburse the same in favour of the Petitioner within a period of six weeks from the date of taken such decision.

6. With the aforesaid observation and direction, the writ petition is disposed of.

(A.K. Mohapatra) Judge Debasis

Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: Secretary Reason: Authentication Location: OHC CUTTACK Date: 19-Oct-2023 19:54:01