Orissa High Court
) Sibaram Dash & Others vs ) State Of Odisha & Another ..... ... on 17 March, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.24371 of 2024
1) Sibaram Dash & others ..... Petitioners
Represented By Adv. -
Tanmay Mishra
-versus-
1) State Of Odisha & another ..... Opposite Parties
Represented By Adv. -
Mr.M.R.Patra, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
17.03.2025
Order No.
04. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned Senior Counsel appearing for the
Petitioners as well as learned Additional Government
Advocate appearing for the State-Opposite Parties.
3. The present writ petition has been filed by the
Petitioners with the following prayers:-
"It is, therefore, humbly prayed that this
Hon'ble Court may graciously be pleased to
issue Rule Nisi calling upon the Opp. Parties to
show cause as to why appropriate writ/writs
shall not be issued for quashing of the order
dated 18.04.2024 passed by the Opp.Party no.1
under Annexure-13 and directing the
Opp.Parties to grant pension and pensionary
benefits, by taking into account his past services
in his former post of Gram Panchayat Secretary,
prior to his appointment as V.L.W/P.E.O and
disburse all consequential and financial service
benefit in favour of the Petitioners within a
stipulated time, and on perusal of causes shown
if any or upon insufficient causes shown make the
said rule absolute and may pass such other
order/orders as deemed just and proper."
4. It is submitted by Mr. M.K. Mishra, learned Senior
Counsel appearing on behalf of the Petitioners that the case
of the Petitioners is squarely covered by the common order
dated 17.02.2016 passed by the Odisha Administrative
Tribunal, Cuttack Bench in O.A. No.4394(C)/2010
(Khetramohan Naik v. State of Odisha and others) and a
batch of similar other cases. In the above noted order, the
Odisha Administrative Tribunal disposed of the batch of
Original Applications vide common order dated 17.02.2016
by observing that the period of service of the applicants as
Gram Panchayat Secretaries is for a considerable length of
time. The Tribunal further directed the Opposite Parties to
consider their grievance for grant of minimum pension by
adding so much of the period of service as G.P. Secretary to
their period of regular service as V.L.Ws. to make them
eligible to get minimum pension and accordingly, it was
directed that the minimum pension amount be paid as is due
and admissible from time to time from the date of their
retirement.
5. The aforesaid common order in the batch of Original
Applications passed by the Odisha Administrative Tribunal
was assailed by the State-Opposite Parties before the
Division Bench of this Court by filing a writ petition bearing
W.P.(C) No.6267 of 2018 (State of Odisha and others v.
Niranjan Biswal). The Division Bench of this Court vide
judgment dated 30.08.2018 disposed of the said writ petition
by affirming the order passed by the Tribunal and,
accordingly, the writ petition filed by the State-Opposite
Parties was dismissed.
6. After disposal of the said writ petition, the State-
Opposite Parties approached the Hon'ble Supreme Court by
filing Special Leave to Appeal (C) No(s).28065 of 2019
(The State of Odisha and Ors. V. Niranjan Biswal & Ors.).
The Hon'ble Supreme Court vide order dated 18.05.2022
disposed of the appeal preferred by the State-Appellants in
the above noted case by taking into consideration the fact
that once the 21 O.As. decided by the Odisha Administrative
Tribunal, vide a common order dated 17.02.2016, has not
been challenged at a later stage by the Government of
Odisha before this Court or the Hon'ble Supreme Court, the
same has attained finality. It has also been observed that
there is no application pending before either the High Court
or before the Hon'ble Supreme Court to implead such
persons, against whom the order of the Tribunal has attained
finality, to be impleaded as parties. On such ground, the SLP
was dismissed. However, while dismissing such SLP, the
question of law was left open to be examined in other
appropriate proceedings.
7. Learned Additional Government Advocate appearing
for the State-Opposite Parties, on the other hand, referring to
the order passed by the Hon'ble Supreme Court, submitted
that while disposing of the SLP in the case of The State of
Odisha & Ors. V. Niranjan Biswal & Ors., The Hon'ble
Supreme Court has left the question of law open to be
examined in other appropriate proceeding. In such view of
the matter, learned Additional Government Advocate
submitted that since the question of law has been kept open
by the Hon'ble Supreme Court, the State-Opposite Parties
have every right to raise the question of law in the present
proceeding.
8. On a careful examination of the materials on record as
well as the submissions made by the learned Senior Counsel
appearing for the Petitioners and the learned Additional
Government Advocate, this Court observes that the order
passed by the Hon'ble Supreme Court has already been
implemented in the meantime vide order dated 31.01.2024
under Annexure-13 to the writ petition. Therefore, this Court
is of the considered view that the Petitioners, who stand in
similar footing, cannot be discriminated against them while
getting similar service benefits, like the minimum pension,
as has been granted by the Tribunal in the earlier case which
has ultimately been upheld by the Hon'ble Supreme Court.
9. Coming to the point raised by the learned Additional
Government Advocate with regard to the leave granted by
the Hon'ble Supreme Court to raise the question of law in
other appropriate proceeding, this Court is of the view that
this Court cannot take a different stand and is bound by the
judgment delivered by the Division Bench in the earlier writ
petition. Therefore, the validity of the decision taken by the
Division Bench in the earlier writ petition cannot be gone
into or examined by the present Bench consisting of a Single
Judge.
10. In such view of the matter, this Court deems it proper
to dispose of the present writ petition in terms of the order
passed by the Tribunal in Niranjan Biswal's case (supra)
which has been upheld by a Division Bench of this Court
and eventually upheld by the Hon'ble Supreme Court.
Accordingly, the impugned rejection order dated 18.04.2024
under Annexure-13 to the writ petition is hereby set aside.
Moreover, the grounds taken by the State-Opposite Parties
while rejecting the claim of the Petitioners under
Annexure-13, vide order dated 18.04.2024, appears to be
unsustainable in the eye of law, so far the present writ
petition is concerned. Consequently, the matter is remanded
back to the Opposite Party No.1 to consider the case of the
Petitioners afresh in terms of the judgment of the Hon'ble
Supreme Court in The State of Odisha and Ors. V.
Niranjan Biswal & Ors. in Special Leave to Appeal (C)
No(s).28065 of 2019 and by taking into consideration the
order dated 31.01.2024 as mentioned in the writ petition. It
is further directed that the Opposite Parties shall examine
the case of the Petitioners and in the event the Opposite
Parties come to a consideration that the Petitioners stand in
similar footing with the above named Niranjan Biswal, then
similar benefits be extended in favour of the Petitioners by
taking into consideration so much of their service period as
Gram Panchayat Secretary for the grant of and for
calculation of minimum wage benefits as VLW/PEOs. Let
the aforesaid exercise be carried out within a period of two
months. Any final decision taken by the Opposite Party
No.1 be communicated to the Petitioners within ten days
from the date of taking such decision.
11. With the aforesaid observation and direction, the writ
petition is disposed of.
( A.K. Mohapatra )
Judge
RKS
Location: High Court of Orissa
Date: 19-Mar-2025 18:41:36
