Allowed

Arun Ku Pati v. State of Orissa

Orissa HC3 Apr 2018WP(C)/6751/2016

Case brief

AI extract

What is this about?

The court directed the Odisha State Cooperative Oil Seeds Growers Federation Ltd. to accept the petitioner's Voluntary Retirement Scheme application and facilitate payment within three months, despite the organization being defunct during the employee's absence.

What did the court decide?

Petitioner's VRS application to be accepted and submitted to Public Enterprises Department; process to complete in three months; payment within four weeks if entitled.

Arun Ku Pati Vs State of Orissa — Pension and Retirement Benefits | Orissa HC (2018)

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W.P.(C) No.6751 of 2016

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03.04.2018 Heard Mr.M.K. Khuntia, learned counsel for the petitioner, Mr. P.C. Panda, learned Additional Standing Counsel for the State and Mr. K.C. Kanungo, learned counsel for opposite party no.2. 2. Mr. Khuntia, learned counsel for the petitioner submits that the petitioner is the employee of opposite party no.2 Odisha State Cooperative Oil Seeds Growers Federation Ltd. (hereinafter referred in short “Oil Orissa”) and he has been deputed to other organization on 11.01.2005. After completion of the deputation period, he came back to the Oil Orissa in 2008 but he was not allowed to join by the Oil Orissa for the reason that the Oil Orissa has become defunct.

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Mr. Khuntia, learned counsel for the petitioner further submits that by the time the petitioner came back to his parent Department, there is already proposal of the VRS scheme floated but it has not been brought to his knowledge by the parent department. Instead of allowing him to join the Department, the petitioner was advised to apply for VRS scheme. According to him, since the office of the Oil Orissa was functioning, any sort of inaction on the part of the opposite party-Oil Orissa for not allowing to join the petitioner is lacking in their working procedure. So, he may be allowed now to apply for the VRS scheme and opposite party may be directed to accept his VRS and accordingly make payment under the VRS scheme.

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Mr. Kanungo, learned counsel for opposite party no.2 submits that when the petitioner returned, the Oil Orissa has become defunct and there is no occasion for this opposite party to allow him to continue in the job. Moreover, he submits that the Public Enterprises Department is to make payment of the VRS amount as the Oil Orissa has already been wind up. At the same time, he admitted that only one office of Oil Orissa is

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functioning with the skeleton staff.

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Mr. Panda, learned Additional Standing Counsel for the State submits that he has no instruction to find out whether the VRS scheme is still in force. Apart from this, he submits that no application for the VRS has been received by the Department from the Oil Orissa in respect of the petitioner.

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Considered the submissions of the learned counsel for the respective parties. It is admitted fact that the petitioner is an employee of the Oil Orissa and he has been deputed to outside of the organization. It is not in dispute that the VRS scheme was floated as the Oil Orissa was not able to make payment to the employees. It is also admitted fact that the petitioner when returned, the office of the Oil Orissa was running with skeleton staff.

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When the Oil Orissa has become defunct but the office was running, the inaction on the part of the Oil Orissa to allow the petitioner to join, is a serious departure to the principle of law and for that the petitioner cannot be held responsible. On 27.11.2017, the petitioner has filed an affidavit which states as follows:-

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“1. That the petitioner inter alia challenges the action of the Opposite Parties in not releasing his admitted dues and further not allowing him to discharge his duty.

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That when MVRS was issued, the petitioner was on deputation at North Eastern Region Farm Machinery Training Institute, Assam for which he could not exercise option to go on voluntary retirement within the stipulated time period. The petitioner is ready to go on voluntary retirement if his application for V.R.S. will be accepted at this stage.

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That the facts stated above are true to the best of my knowledge and belief.”

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In view of the above affidavit, when he has asked for the VRS, the writ petition is disposed of with a direction to the opposite party no.2-Oil Orissa to accept the VRS application from the petitioner and submit to the Principal Secretary, Public Enterprises Department who would consider the same and necessary payment under the VRS scheme without any insistence on the delay on the submission of the application. The entire process would be completed within a period of three months.

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If the petitioner is entitled to any amount, the same be paid to him within a period of four weeks from the date of taking such decision.

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Urgent certified copy of this order be granted on proper application.

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A free copy of this order be handed over to Mr. Panda, learned Additional Standing Counsel for the State.

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Dr.D.P.Choudhury, J.

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Arun Ku Pati v. State of Orissa

Case brief

What is this about?

What did the court decide?

Arun Ku Pati v. State of Orissa

Case brief

What is this about?

What did the court decide?

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