Orissa High Court
Sri Pranakrushna Panda vs Commissioner on 15 January, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.28287 of 2013
Sri Pranakrushna Panda, S/o. Maheswar Panda, At/PO. - Gada Sahi,
Baliapal, P.S. - Jaleswar, Dist. - Balasore.
...Petitioner
-Versus-
1. Commissioner, Kendriya Vidyalaya Sangathan, Saheed Jeet
Singh Marg, New Delhi.
2. Assistant Commissioner, Kendriya Vidyalaya Sangathan,
Regional Office at Pragati Vihar, Mancheswar, Bhubaneswar, Dist. -
Khurda.
...Opposite Parties
Advocates appeared in the case:
For the Petitioner : Ms. Saswati Mohapatra, Advocate
For Opposite Parties : Mr. Santosh Kumar Patanaik, Senior
Advocate assisted by Mr. P. K.
Patanaik, Advocate
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MISS JUSTICE SAVITRI RATHO
W.P.(C) No.28287 of 2013 Page 1 of 5
JUDGMENT
15.01.2025
Chakradhari Sharan Singh, CJ.
The present writ application has been filed assailing an order
dated 18.06.2013 passed in O.A. No.178 of 2011, whereby the
petitioner's prayer for release of subsistence allowance from the period
from 04.10.1999 to 30.03.2008, during which the petitioner was under
deemed suspension, has been rejected. The petitioner is accordingly
seeking direction for payment of subsistence allowance for the said
period.
2. It is pertinent to note that a disciplinary proceeding was
initiated against the petitioner, who was working as a Primary Teacher
in Kendriya Vidyalaya Bondomunda on the charge of availing LTC
based on certain documents, which were found to be forged and
fabricated. A punishment of compulsory retirement was imposed by
the Disciplinary Authority. The Appeal preferred by the petitioner was
also rejected. The petitioner had approached the Central Administrative
Tribunal, Cuttack Bench, Cuttack (the Tribunal in short) challenging
the order of the Disciplinary Authority and the Appellate Authority,
giving rise to O.A. No.620 of 2000, which was allowed by an order
dated 20.04.2004 whereby the punishment order was set aside with a
direction to the Disciplinary Authority to start an inquiry afresh. The
said order of the Tribunal was challenged before this Court, which was
disposed of by an order of this Court dated 31.10.2007 passed in
W.P.(C) No.9371 of 2004, without interfering with the order passed by
the Tribunal. The petitioner was reinstated in service by the order of
Commissioner of Kendriya Vidyalaya Sangathan dated 13.03.2008 and
was placed under deemed suspension. The petitioner again approached
the Tribunal for quashing of the order of suspension, payment of
subsistence allowance for the period from 04.10.1999 to 12.03.2008
and for revision of his subsistence allowance with effect from
01.01.2006. The said Original Application vide O.A. No.505 of 2008
was disposed of on 29.03.2010 with certain directions including a
direction to conclude the departmental proceeding within a stipulated
time. As directed by the Tribunal, the petitioner was paid subsistence
allowance from 14.03.2008 onwards.
3. The fresh departmental proceeding conducted under the orders
of the Tribunal / this Court was completed with the passing of an order
dated 25.11.2010 by the Disciplinary Authority imposing major
penalty of reduction to lower scale in the time scale of pay for a period
of three years with cumulative effect and to treat the period of
suspension as dies non. The petitioner was reinstated in service.
4. Without adverting to other facts available on record, it is
pertinent to mention, based on the statement made in the additional
affidavit filed on behalf of the opposite parties, that the petitioner had
filed O.A. No.252 of 2017 against the order dated 19.10.2010. The said
application came to be allowed by an order dated 27.08.2019 by setting
aside the part of the order whereby the period of suspension was to be
treated as dies non. The Tribunal held that the period of suspension
will count towards qualifying service, for the purpose of pension and
pensionary benefits. Following statement has been made in paragraph 8
of the additional affidavit:-
"8. That the petitioner filed his representation for grant
of subsistence allowance for the period from 4.10.1999
to 30.03.2008 on 26.04.2024, a copy of which is filed
herewith as ANNEXURE-F.
The petitioner submitted his non-employment
certificate on 21.05.2024 admitting that he was Member
of Zilla Parishad from 13.03.2002 to 12.03.2007. On
that basis the subsistence allowance for the period from
04.10.1999 to 13.03.2008, except the period from
13.3.2002 to 12.03.2007, was sanctioned by order
dtd.24.06.2024 and amount of Rs.2,00,440/- was paid to
the petitioner by RTGS on 11.07.2024. Copies of the
order dtd.24.6.2024 and 11.7.2024 are filed here as
ANNEXURE-G & H respectively."
5. In such view of the matter, in the Court's opinion, the present
writ application has become infructuous, inasmuch as, the relief, which
the petitioner has sought for in the present writ application, has been
allowed except for the period during which he had served as Member
of Zilla Parishad. An argument has been advanced on behalf of the
petitioner that the petitioner is entitled to subsistence allowances for
the period when he was Member of Zilla Parishad also. It is however
not disputed that the petitioner could not have been elected as Member
of Zilla Parishad without complete severance of his relationship with
the employer.
6. In such circumstance, we do not find any error with the
decision of the opposite parties in denying the petitioner, benefit of
subsistence allowance for the period during which he had functioned as
Member of Zilla Parishad.
7. This writ application stands disposed of accordingly.
(Chakradhari Sharan Singh)
Chief Justice
Savitri Ratho, J. I agree.
(Savitri Ratho)
Judge
M. Panda
Location: High Court of Orissa, Cuttack
Date: 15-Jan-2025 15:25:44
