Orissa High Court
Umesh Chandra Nayak vs State Of Odisha & Others .... Opposite ... on 4 January, 2024
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.42643 of 2023
Umesh Chandra Nayak .... Petitioner
Mr. K.C. Sahu, Advocate
-versus-
State of Odisha & others .... Opposite Parties
Mr. P.K. Muduli, A.G.A.
Mr. S.K. Patra, Standing Counsel
for AG, Odisha
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 04.01.2024
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner and learned Additional
Government Advocate for the State-Opposite Parties as well as Mr.
S.K. Patra, learned Standing Counsel for AG, Odisha. Perused the Writ
Petition as well as the documents annexed thereto.
3. The present Writ Petition has been filed by the Petitioner with the
following prayer :
"It is therefore prayed that the Hon'ble Court be
pleased to allow the writ petition by directing the Opp. Parties
that the petitioner 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 new pension scheme i.e.
NPS with further directing the Opp. Parties to open the GPF
account by making subscription in his GPF account regularly
in favour of the petitioner with all consequential service
benefits so also treating his service under the old
OCS(Pension) Rules 1992 by taking into account his initial
date of appointment keeping in view of order/judgment(s)
under Annexure-6, 7 & 8 as well as Annexure- 9 for the
interest of justice.
And may pass any other Writ(s), Direction(s), Order(s)
as this Hon'ble Court may be deemed fit and proper;"
4. It is submitted by learned counsel for the Petitioner that the
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petitioner was initially appointed as a Pharmacist on contractual basis
on 28.02.2004 against a regular sanctioned vacant post. Thereafter, the
Petitioner continuously to discharge his duties uninterruptedly on
successful completion of six years of contractual service, the service of
the Petitioner was regularized vide order dated 06.07.2010. Learned
counsel for the petitioner further contended that the OCS(Pension)
Rules, 1992 was amended vide notification dated 17.09.2005 by
inserting a new provision in respect of new entrance to the Government
service after 01.01.2005 would be governed as per the amended new
pension scheme, which was brought into force vide notification dated
17.09.2005. Learned counsel for the petitioner further contended that
the Chief District Medical Officer although forwarded a proposal for
opening a GPF account in favour of the Petitioner vide his letter dated
20.09.2011, but as of now no such GPF account has been open in
favour of the Petitioner. He further contended that although the
Petitioner has approached the Opposite Parties on several occasions,
however no final decision has been taken with regard to opening of the
GPF account and for providing a PRAN number in favour of the
Petitioner. Being aggrieved the inaction, the Petitioner approached the
Opposite Party No.4 by filing a representation on 19.08.2023, and
however, the same is still pending for final adjudication. Being
aggrieved by such inaction of the Opposite Parties, the Petitioner has
approached this Court by filing the present writ application.
5. Learned Additional Government Advocate on the other
contended that since the Petitioner has already approached the Opposite
Parties and on his own admission his representation is pending before
the authorities, the Petitioner should have approached the Opposite
Party No.4 instead of approaching this Court. In such view of the
matter, learned Additional Government Advocate submitted that since
the Petitioner's representation is pending before the Opposite Party
No.4, he will have no objection in the event this Court directs the
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Opposite Party No.4 to take a final decision on the representation of the
Petitioner in accordance with law within a stipulated period of time.
6. Learned counsel for the Petitioner on the other hand contended
that the case of the Petitioner is squarely covered by a decision of a
Division Bench of this Court in Swetapadma Samal vs. State of Odisha
and others in W.P.(C) No.26508 of 2017 decided on 22.09.2023. He
further contended that law applicable to the facts of the present case has
also been analyzed in another judgment of this Court in Rabindra
Kumar Jena vs. State of Odisha & ors. in W.P.(C) No.36009 of
2021 decided on 07.12.2022. In such view of the matter, learned
counsel for the Petitioner prayed that the Petitioner be granted liberty
to approach the Opposite Parties by filing a fresh representation
along with copies of the judgments is relying in support of his claim.
7. Considering such submissions made by the learned counsels
appearing for the respective parties and on a careful examination of the
background facts of the present case and the judgments referred to
hereinabove, this Court deems it proper to dispose of the writ
application at the stage of admission by granting liberty to the Petitioner
to file a detailed fresh representation before the Opposite Party Nos.4 &
5 taking therein all the grounds along with all supporting documents
and the judgments relied upon by the Petitioner in support of his
contention within three weeks from today. In the event, the same is filed
before the Opposite Party Nos.4 & 5, then the Opposite Party Nos.4 & 5
shall do well to consider the case of the Petitioner in the light of the
ration laid down of this Court in the above noted judgments and take a
final decision within a period of eight weeks from the date of
communication of a certified copy of this order by the Petitioner. The
final decision so taken be communicated to the petitioner within two
weeks from the date of taking such a decision. It is needless to mention
here that in the event the Opposite Parties come to a conclusion that the
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Petitioner is covered by the ratio laid down in the aforesaid two
judgments, then necessary steps be taken for alerting GPF account and
other financial benefits as prayed for by the Petitioner within six weeks
from the date of taking such a decision.
8. With the aforesaid observations/ directions, the writ
application stands disposed of.
9. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 08-Jan-2024 10:39:37
