A retired Tahasil employee sought final pension, officiating salary and promotional dues. The Collector's order deferred payment citing a pending writ petition which had in fact been decided. This Court quashed the Collector's order and directed reconsideration and payment within three months.
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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.27813 of 2022
Bamadev Dash, aged about 73 years …. Petitioner S/o-Late Jaykrishna Dash, Village/P.O.Kamakhyanagar, Ps-Kamakhyanagar, Dist-Dhenkanal.
Mr. Niranjan Lenka, Advocate
-versus-
1. State of Odisha, represented through …. Opposite Parties Principal Secretary to Govt., Revenue and Disaster Management Department, Lokseva Bhawan, Bhubaneswar, Dist-Khurda
2. Addl. District Magistrate, Dhenkanal, At/PO/Ps/Dist-Dhenkanal
3. Collector, Dhenkanal, At/PO/Ps/DistDhenkanal
4. Tahasildar Bhubana, At/PO/PsBhuban, Dist-Dhenkanal
5. Sub-Treasury Officer, Bhuban, At/PO/Ps-Bhuban, Dist-Dhenkanal
Mr. Sailaza Nandan Das, Additional Standing Counsel
CORAM:
HON’BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No.
08.
ORDER
06.08.2024
W.P.(C) No.27813 of 2022
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disburse final pension, officiating salary and promotional dues with accrued interest.
“1. Despite notice having been issued way back on 29th June, 2009 till date no counter affidavit has been filed by any of the Respondents.
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2. The grievance of the Petitioner is about non-release of the retiral dues including provident fund, gratuity, pension etc.
3. Earlier the Petitioner had approached the Orissa Administrative Tribunal (OAT) which passed an order dated 9th January, 2008 in O.A. 7617 of 2007 directing the Opposite Party No.3-Collector, Dhenkanal to treat the O.A. itself as an application and pass appropriate orders. It is stated that despite the above order nothing has been done by the Opposite Parties.
4. Mr. Das, learned Addl. Standing Counsel assures the Court that if a time-bound direction is issued to examine the Petitioner’s grievance and pass an appropriate order, it will be complied with.
5. It is stated that as a result of bifurcation the districts the matter will now be considered by the Collector, Angul. Accordingly, a direction is issued to the Collector, Angul to examine the Petitioner’s grievance as set out in the present petition and after hearing the Petitioner to pass an appropriate reasoned order not later than 2nd July, 2022 and communicate it to the Petitioner not later than 11th July, 2022. If aggrieved by such order, it will be open to the Petitioner to seek appropriate remedies in accordance with law. It is clarified that the Court has not expressed any opinion on the merits of the case.
6. The writ petition is accordingly disposed of.”
1. The provisional pension of the petitioner have been sanctioned vide District Office Order No.178 dated 18.01.2007 and disbursed in every month by his office till date since his retirement.
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2. The final GPF of the petitioner has been sanctioned by A.G.(A&E), Odisha, Bhubaneswar vide Order No.Fd11-FPR-666/07-08/2796, dt.06.03.2008 and drawn vide Bill No.4/2008-09 amounting to Rs.67,012/on 04.04.2008.
3. The Un-utilized Leave Salary of the petitioner has been sanctioned by ADM, Dhenkanal vide District Office Order No.2417 dated 17.12.2007 and drawn vide Bill No.17/2007-08 amounting to Rs.96,720/on dt.09.01.2008.
4. The final pension application along with Original Service Book of Sri Dash have been submitted to the District Office vide his Office letter No.1241 Dt.09.07.2013.
Perused the file and case records of Departmental Proceedings No.358/2001 against the petitioner. The Deputy Collector-Judicial, Collectorate, Dhenkanal & Enquiring Officer has submitted his enquiry report vide Memo No.2171/Judl. Dt.25.10.2014. The Enquiring Officer has reported, “since the matter is under Sub-judice in the Odisha High Court in WP Case No.9499 of 2012, we may await till final order passed by the Hon’ble Court on the above matter”.
In view of the above, pending departmental proceeding No.358/2001 against the petitioner, Tahasildar, Bhuban is directed to revise the provisional pension of the petitioner as per ORSP Rules, 2008 and ORSP Rules, 2017 and provide Treasury Voucher Nos. In respect of the Bill No.4/2008-09 and Bill No.17/2007-08 drawn for Payment of Final GPF and Un-Utilized Leave Salary respectively to the petitioner under intimation to the District Office.
With the above direction, the petitioner’s grievance is hereby disposed of.
Order pronounced in the open Court this day, i.e., 21st June, 2022. ”
petition.
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9.1. He further submitted that since W.P.(C) No.9499 of 2012 has already been disposed of by this Court vide order dated 11.03.2022, the order of the Collector and District Magistrate, Dhenkanal is liable to be quashed. He produced a copy of the said order dated 11.03.2022 before this Court for perusal.
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in the Odisha High Court in W.P.(C) No.9499 of 2012, we may await till fill order passed by the Hon’ble Court”.
(M.S. Raman) Judge
Laxmikant
Signature Not Verified
Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 07-Aug-2024 11:04:33
W.P.(C) No.27813 of 2022
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2 issues framed by the court
Whether the Collector's order dated 21.06.2022 withholding final pension pending disposal of W.P.(C) No.9499 of 2012 could stand when that case had been disposed of on 11.03.2022.
Whether the petitioner is entitled to final pension, officiating salary and promotional dues after superannuation.
Colour shows how this judgement treated each authority
Sudhakar Pradhan vs. State of Orissa and othersRelied on¶11
W.P.(C) No.9499 of 2012 (Sudhakar Pradhan vs. State of Orissa and others)
1 provisions across 1 enactments
Bamadev Dash
State of Odisha
Addl. District Magistrate, Dhenkanal
Collector, Dhenkanal
Tahasildar Bhubana
Sub-Treasury Officer, Bhuban
Murahari Sri Raman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
