Orissa High Court
Snehalata Behera vs The State Of Odisha & Ors. ..... Opposite ... on 21 April, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.10408 of 2025
Snehalata Behera ..... Petitioner
Represented By Adv. -
Abhiram Swain
-versus-
The State of Odisha & Ors. ..... Opposite Parties
Represented By Adv. -
Dayanidhi Lenka,
A.G.A.
S.K. Patra, Standing
Counsel for Principal
Accountant General
(A&E), Odisha
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
21.04.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
Additional Govt. Advocate for the State-Opposite Parties and
Mr.S.K. Patra, learned Standing Counsel for the Principal
Accountant General (A&E), Odisha. Perused the writ application as
well as the documents annexed thereto.
3. The Petitioner has filed the present writ application with the
following prayer:
"Under the above facts, circumstances,
contentions & for the ends of justice, it is humbly
prayed that this Hon'ble Court may be graciously
pleased to admit this Writ Petition and after hearing
the Counsel for the petitioner, would be pleased to
issue notice to the Opp.parties as to why the prayer
made in this Writ petition shall not be made absolute in
case of non-filing of show cause or filing of insufficient
cause;
And further would be pleased to direct the State-
Opp. parties to include the service of the petitioner in
the pensionable establishment under the provisions of
Orissa Civil Service (Pension) Rules, 1992 and old
General Provident Fund (Orissa) Rules, 1938 in
response to Government of Orissa, Finance
Department Letter dated 04.4.2007 (Annexure-3) and
forwarding letter dated 23.10.2013 of the
Superintendent, VSS MC Hospital, Burla addressed to
the Accountant General (A & E), Orissa,
Bhubaneswar (Annexure-7) within a period to be
fixed by this Hon'ble Court;
And further would be pleased to pass any other
appropriate order (s) / direction (s) as deem fit and
proper as per the facts and circumstances of the case."
4. Learned counsel for the Petitioner at the outset contended
that, initially the Petitioner was appointed on contractual basis as a
staff nurse on 25.01.2003 by the C.D.M.O., Jagatsinghpur. While
working as such, the service of the Petitioner was regularized vide
Order No.3280 dated 27.6.2009 issued by the C.D.M.O.,
Jagatsinghpur. Learned counsel for the Petitioner further contended
that, being aggrieved by the conduct of the Opposite Parties in not
assigning a GPF Account Number to the Petitioner as well as not
enrolling the Petitioner under the OCS (Pension) Rules, 1992, the
Petitioner has approached this Court by filing the present writ
application.
5. In course of his argument, learned counsel for the Petitioner
referred to the circular letter dated 04.04.2007 under Annexure-3 to
the writ application issued by the Finance Dept., Govt. of Odisha.
Referring to the aforesaid letter, learned counsel for the Petitioner
further submitted that, the contractual employees who have been
appointed prior to 1.1.2005 and were subsequently regularized in
service shall come under the coverage of the O.C.S. (Pension)
Rules, 1922 and not under the Amended Rules of the year 2005. He
further contended that, such employees are also entitled to be
covered under the G.P.F. scheme. He further referred to the
recommendation of the Superintendent of the V.S.S. Medical
College Hospital, Burla vide letter dated 23.10.2013 under
Annexure-8 to the writ application. The letter of the Superintendent
of the V.S.S. Medical College Hospital, Burla under Annexure-8
reveals that the office of the Accountant General has been
requested to allocate the GPF Account Number to the Petitioner.
He further contended that despite such recommendation, no final
decision has been taken by the office of the Opposite Party No.5
and the Petitioner has not been assigned with any GPF Account
Number. Being aggrieved by such inaction of the Opposite Party
No.5, the Petitioner seeks a direction to the Opposite Party No.5 to
take a final decision on the letter under Annexure-8 and to assign a
GPF Account Number to the Petitioner as expeditiously as possible.
6. Learned counsel for the State on the other hand contended
that, as it appears from the letter under Annexure-8 that the
Superintendent of the V.S.S. Medical College Hospital, Burla has
already requested the office of the Accountant General, Odisha to
assign the GPF Account Number to the Petitioner. Therefore,
learned Additional Govt. Advocate submitted that no fault can be
found with the state authorities as the case of the Petitioner has
already been recommended as is evident from the letter under
Annexure-8 to the writ application. In such view of the matter,
learned Additional Govt. Advocate submitted that present writ
application against the State-Opposite Parties is not maintainable.
7. Mr.S.K.Patra, learned Standing Counsel for the Principal
Accountant General on the other hand contended that, he has no
instruction in the matter. He further contended that, in the event any
such recommendation has been made and the same is pending as
submitted by the learned counsel for the petitioner by referring to
the letter under Annexure-8, then he will have no objection in the
event this Court directs the Opposite Party No.5 to take a decision
in accordance with law within a stipulated period of time.
8. In course of his argument, learned counsel for the Petitioner
further referred to the judgment of the Hon'ble Supreme Court in
the case of State of Odisha & Anr. vs. Anand Dash & Ors.,
wherein the Hon'ble Supreme Court has upheld the decision of this
Court in Shri Anand Dash's case and similarly situated other
persons, who had approached this Court by filing W.P.(C)
No.15433 of 2013 and a batch of similar other matters which were
disposed of by a common judgment dated 24.04.2013. In the light
of the aforesaid law laid down by the Hon'ble Supreme Court in
Anand Dash's case (supra), learned counsel for the Petitioner
contended that the Petitioner is entitled to be covered under the
Pension Rules as well as the GPF scheme and accordingly, the
Opposite Parties be directed to assign the GPF Account Number to
the Petitioner as has been recommended by the Superintendent of
the V.S.S. Medical College Hospital, Burla under Annexure-8 to
the writ application.
9. Considering the submissions of learned counsels for the
parties, on a careful examination of the background facts as well as
materials on record, further keeping in view the legal position as
has been settled by the Hon'ble Supreme Court in the case of
Anand Dash (supra), this Court deems it proper to dispose of the
writ application by giving liberty to the Petitioner to approach the
Opposite Party No.5 along with a certified copy of today's order
within three weeks from today. In such eventuality, the Opposite
Party No.5 shall do well to take a final decision on the
recommendation of the Superintendent of the V.S.S. Medical
College Hospital, Burla vide his letter dated 23.10.2013 under
Annexure-8 to the writ application, if the same is still pending,
within a period of eight weeks from the date of communication of a
certified copy of today's order by the Petitioner. The final decision
so taken by the Opposite Party No.5 be communicated to the
Petitioner within a week thereafter.
10. With the aforesaid observations/ directions, the writ
application stands disposed of.
11. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 22-Apr-2025 18:48:19
