ORISSA HIGH COURT ISSUES ORDER ON RANGADHAR SATAPATHY V/S STATE OF ODISHA AND ANOTHER

CUTTACK, India, April 6 -- Orissa High Court issued the following order on March 5:

1. This matter is taken up through Hybrid Mode.

2. Heard learned counsel appe aring for the parties.

3. The present Writ Petition has been filed inter alia challenging order dt.18.07.2024 so passed by Opp. party No.2 under Annexure-10. Vide the said order, claim of the Petitioner to get the benefit of re-engagement and consequential sanction of pension and other pensionary benefits, was rejected.

4. Learned counsel appearing for the Petitioner contended that Petitioner continued as a Peon in the establishment of Opp. Party No.4 for the period from 14.11.1964 to 26.01.1968. Thereafter, Petitioner was allowed to continue as a Peon in the Office of Opp. Party No.3 for the period from 29.08.1968 to 08.10.1968 and as a Chainman in the Office of Collector, Ganjam-Opp. Party No.4 for the period from 27.06.1969 to 24.04.1970. But however w.e.f 24.04.1970, Petitioner was illegally retrenched from services and his prayer for reengagement was never considered.

4.1. It is further contended that vide letter dt.17.10.1988 under Annexure-2 series, Opp. party No.4 though was requested to consider re-engagement of the Petitioner along with 2(two) other similarly situated employees, but such request was never considered and implemented by allowing the Petitioner the benefit of reengagement. Not only that Opp. party No.3 vide letter dt.05.02.1996 and 19.12.1997, though requested the Collector-Opp. Party No.4 to take a decision on the Petitioner's grievance, but no action was taken in ventilating the grievance of the Petitioner for his reengagement.

4.2. It is contended that Petitioner challenging such inaction of Opp. party No.4 though approached the Tribunal by filing O.A. No.330 of 2003, but the said matter after being transferred to this Court was disposed of vide order dt.02.12.2021 under Annexure-3 with a liberty to approach the appropriate authority, if any cause of action still survives. Pursuant to the order passed by this Court on 02.12.2021 under Annexure-3, Petitioner when made a grievance on 28.01.2022, the same was rejected by Opp. Party No.4 vide order dt.21.03.2022 under Annexure-4. After such rejection of his claim, Petitioner moved Opp. Party No.3 or his reengagement by making a detailed representation on 10.04.2023 under Annexure-5.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqANOZZ6vqZ9lBlSdFdAozsk7MQ66j4uAQ%2B5AQRyYwW9K&caseno=WP(C)/18939/2024&cCode=1&cino=ODHC010555912024&state_code=11&appFlag=)

Disclaimer: Curated by HT Syndication.