Orissa High Court
Nihar Ranjan Das vs ) Principal Secretary To ..... Opposite ... on 6 May, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.11150 of 2024
Nihar Ranjan Das ..... Petitioner
Represented By Adv. -
Dipti Ranjan Bhokta
-versus-
1) Principal Secretary To ..... Opposite Parties
Govt., Pr And Dw Department,
Bbsr
2) Director Of Panchayati Raj And Represented By Adv. -
Drinking Water D.Nayak,A.G.A.
3) Engr In Chief, Rural Water Supply
Andsanitation
4) Addl. Chief Engr, Rwss Pmd And
I Circle, Bbsr
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
06.05.2024
Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. On the oral prayer of learned counsel for the petitioner he is
permitted to add Principal Secretary to H & UD Department Govt. of
Odisha as Opposite Party No.5 to the writ application.
3. Heard learned counsel for the Petitioners as well as the learned
Additional Government Advocate for the State Opposite Parties.
Perused the Writ Petition as well as the documents annexed thereto.
4. The Petitioners has filed the present writ application with the
following prayer:
"The petitioner, therefore, prays that this Hon'ble Court
be graciously pleased to issue a Rule Nisi calling upon the
opposite parties to show cause as to why a writ of mandamus or
any other appropriate writ or writs shall not be issued;
i) Quashing the order dated 20.3.2024 passed by the Principal
Secretary to Government of Odisha, Panchayati Raj & D.W.
Department, Bhubaneswar, under annexure-6.
ii) Further, directing the opposite parties to release the final
pension and other retirement benefits of the petitioner within a
stipulated period.
iii) If the opposite parties fail to show-cause or show insufficient
cause to make the said rule absolute; and
iv) To pass such other order/orders and to issue such other
writ/writs as would afford complete relief to the petitioners."
5. The short grievance of the petitioner in the present writ
application is that earlier the petitioner has approached this Court by
filing W.P.(C) No.2757 of 2024 with a prayer for a direction to the
Opposite Party No.4 to release the final pension and other retiral
benefits as is due and admissible to the petitioner. The said writ
application was heard and disposed of by a coordinate bench of this
Court vide order dated 08.02.2024 with a direction to the Opposite
Party No.1 (The Principal Secretary to Government in Panchayati Raj
and Drinking Water Department) to consider the grievance of the
petitioner in the light of the judgment of this Court in Susant
Chandra Sahoo's Case (supra) and Dasarathi Padhi's Case (supra)
within a period of three months. After disposal of the said writ
application the petitioner has approached the Principal Secretary PR
and DW Department Government of Odisha on 20.02.2024. The
Principal Secretary PR & DW Department vide letter dated
28.03.2024 under Annexure-6 refused to consider the case of the
petitioner on the ground that H & UD Department is the Cadre
Controlling and Appointing Authority of the present petitioner as the
petitioner belongs to Odisha Engineering Service PH Cadre of H &
UD Department and he was working under the PR & DW
Department being deployed by his cadre the controlling department.
Further referring to Rule 2(q) of the O.C.S. Pension Rules, 1992 the
Opposite Parties have stated in the impugned rejection order that
pension sanctioning authority, as has been defined the said rule, is the
H & UD Department Government of Odisha. In such view of the
matter, the Principal Secretary PR & DW Department has finally
observed that the PR & DW Department is not the competent
authority. The representation of the petitioner was rejected via the
impugned order under Annexure-6 to the writ application. Being
aggrieved by such decision of the Principal Secretary PR & DW
Department, the petitioner has approached this Court by filing the
present writ application.
6. Learned Additional Government Advocate on the other hand
contended that the impugned rejection order under Annexure-6
clearly reveals that the pension sanctioning authority so far the
present petitioner is concerned is the H & UD Department
Government of Odisha which is also the cadre controlling and
appointing authority of the present petitioner. He further contended
that such facts have been brought to the notice to this Court, while a
coordinate bench of this Court was hearing the writ petition of the
petitioner and which was disposed vide order dated 08.02.2024. In
such view of the matter, learned Additional Government Advocate
submitted that the Principal Secretary PR & DW Department has not
committed any illegality in rejecting the representation of the
petitioner.
7. Considering such submission made by learned counsels
appearing for respective parties, on a careful examination of the
background facts as well as materials on record, and further taking
into consideration the abovementioned order of the Opposite Party
No.1 in order dated 28.03.2024 under Annexure-6, this Court deems
it proper to dispose of the writ application at the stage of admission
by directing the Opposite Party No.5 to consider and dispose of
grievance of the petitioner as has been directed by the coordinate
bench vide order dated 08.02.2024. It is further made clear that the
Opposite Party No.5 shall do well to consider and dispose of the
grievance of the petitioner, keeping in view order dated 08.02.2024
and strictly in in terms of the direction given by this Court vide order
dated 08.02.2024, within a period of two months from the date of
communication of a certified copy of today's order. The final
decision so taken be communicated to the petitioner within ten days
thereafter.
8. With the aforesaid observation, the writ application stands
disposed of.
9. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Rubi
Location: High Court of Orissa, Cuttack
