Orissa High Court
Samir Kumar Mittra vs State Of Odisha & Another .... Opposite ... on 18 November, 2024
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C)No.20478 of 2023
Samir Kumar Mittra .... Petitioner
Mr.Bhabani Sankar Tripathy (1), Advocate
-versus-
State of Odisha & another .... Opposite Parties
Mr.Shantanu Das, Addl. Standing Counsel
CORAM:
HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No. ORDER
05. 18.11.2024
This matter is taken up through Hybrid Mode.
2. Mr.Bhabani Sankar Tripathy, learned counsel appearing for
the petitioner submitted that the petitioner got retired on 31.08.2012
on attaining the age of superannuation. Long thereafter in the year
2016, the Government has sought to recover certain amount for
finalisation of pension. Consequently, the recovery was made with
much delay in 2022.
2.1. Mr.Tripathy, learned counsel for the petitioner referred to
paragraph-10 of the counter affidavit, wherein the following has
been stated:-
"(iv) Pursuant to Forest Environment Department
Letter No.14669/F&E, dtd.18.08.2015, the pay of the
petitioner Sri Samir Kumar Mitra, Dy, CF (Retd.) has
been refixed under ORSP Rules, 1985, ORSP Rules,
1989 and ORSP Rules, 1998 vide O.O. No.1045
dtd.24.09.2015 and No.1294, dtd.24.11.2015 of the
PCCF, Odisha, Bhubaneswar. Due to refixation of his
pay under the aforesaid Rules, he has drawn an excess
amount of Rs.1,45,823/- towards excess salary for the
period from 01.05.1989 to 01.01.2000 pertaining to the
period from 01.05.1989 to 01.01.2000 pertaining to the
period of his incumbency as Forest Ranger deputed to
O.F.D.C. Ltd., which has been recovered from the
DCRG of the petitioner by virtue of Gratuity Payment
Order (GPO) issued by the Principal Accountant
General, Odisha, Bhubaneswar.
(V) In the matter of aforesaid recoveries made from the
DCRG of the petitioner total amounting to Rs.3,04,440/-
, balance amount of Rs.80,805/- has been released to
pensioner/petitioner by the Principal A.G., Odisha,
Bhubaneswar."
2.2. He submitted that as a condition of release of pension and
other retirement benefits, the petitioner, under duress, had to submit
application with consent for recovery of certain amount.
3. The petitioner in this writ petition seeks for a direction as
follows:-
"Therefore, it is, prayed that this Hon'ble Court be
graciously pleased to direct the opp.parties to forthwith
re-fix his salary in the post of Asst.Conservator of
Forests and Dy.Conservator of Forests with
consequential refixation of pension and also for a
direction for release of differential arrear dues and
further to direct the opp.parties to refund of illegal
recoveries made from his Gratuity amount while issuing
final PPO in Annexure-12 and to pass such other order
as may be deemed fit and proper in the bonafide interest
of justice and fair play and for which act of your
kindness, the petitioner shall as in duty bound, every
pray."
4. Mr.Tripathy, learned counsel for the petitioner referred to
paragraph-3 of the rejoinder affidavit, wherein he placed reliance on
the decision of Hon'ble Supreme Court in the case of State of
Punjab & others vs. Rafiq Masih; AIR 2015 SC 696, wherein inter
alia it is observed that "in any other case, where the Court arrives at
the conclusion, that recovery if made from the employee, would be
iniquitous or harsh or arbitrary to such an extent, as would far
outweigh the equitable balance of the employer's right to recover."
He has also placed further reliance in the case of Thomas Daniel vs.
State of Kerala & others; AIR 2022 SC 2153 and an order of
Division Bench of this Court in the case of Union of India vs.
Dushmanta Kumar Bal (W.P.(C) No.23351 of 2024 disposed of on
30.09.2024.
5. Mr.Shantanu Das, learned Additional Standing Counsel
seeks a week's accommodation to examine the possibility of
refunding the amount so recovered in view of aforesaid judgments.
Signature Not 6. List this matter on 30.11.2024.
Verified
Digitally Signed
Signed by: ASWINI KUMAR
SETHY
Designation: Personal Assistant
(Secretary-in-charge)
Reason: Authentication
Location: ORISSA HIGH COURT,
CUTTACK
Date: 18-Nov-2024 19:32:56
(M.S. Raman)
Judge
Aswini
