ORISSA HIGH COURT ISSUES ORDER ON SARBESWAR GIRI V/S STATE OF ODISHA & OTHERS

CUTTACK, India, Feb. 19 -- Orissa High Court issued the following order on Jan. 19:

1. Heard Mr. S. Mallik, learned counsel for the petitioner, Mr. P.K. Panda, learned Addl. Standing Counsel for the State and Mr. S.K. Patra, learned counsel appearing for Opp. Party No.3.

2. The present Writ Petition has been filed inter alia with the following prayer:-

"Under the aforesaid facts and circumstance the petitioner humbly prays that this Hon'ble court may graciously be _ pleased to,

I) Quash the impugned order dt. 05-08- 2019 as at annexure-6.

II) Direct/order that the stipendiary engineer service period shall count for the purpose of pension as per the provisions of Section -3(3) of the validation act and the pension & gratuity of the petitioner shall not be reduced.

III) Direct/Order that the qualifying period of service for counting pension cannot be reduced or changed unilaterally without any prior notice and without affording opportunity of hearing and consequently the pension amount originally fixed cannot be reduced.

IV) Direct/order that the amount already recovered unilaterally from the bank account of the petitioner shall be refunded with interest thereon within a stipulated period.

V) Pass such other orders as may be deemed fit and proper in the interest of justice."

3. It is contended that petitioner while continuing in service, his services was validated vide Notification dated 15.02.2003, so issued under Annexure-3. In the said Notification, petitioner's name finds place at Sl. No.40. It is contended that basing on such validation of his appointment, petitioner not only continued in service but also attained the age of superannuation on 31.05.2013.

3.1. It is also contended that on such retirement of the petitioner, petitioner was extended with the benefit of pension and other pensionary benefits and so also revision of his pension as per 7th CPC. It is however contended that after such extension of the benefit, Opp. Party No.5 vide his letter dated 05.04.2018 under Annexure-5, when held that petitioner is not entitled to get the benefit of pay fixation, on the face of such validation of his appointment, without issuing any notice and without following the principles of natural justice, not only pay of the petitioner was revised, but also pension of the petitioner was revised. While revising the pension, a sum of Rs.1,63,435/- was recovered from the pension of the petitioner and a sum of Rs.1,01,640/- was recovered from his DCRG, from the Bank account of the petitioner, after remittance of the benefit to the account of the petitioner.

3.2. It is contended that since petitioner while getting the benefit of the pay scale after validation of his appointment vide Notification dated 15.02.2003 and retired with the pay scale while getting such benefit on 31.05.2013, without following the principles of natural justice and without issuing any show-cause, no recovery could have been effected with reduction of the pension by Opp. Party No.5 from the pension and DCRG of the petitioner and that too from the bank account of the petitioner.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfFwtFrO8zsWL9n7%2FTWMniQqrEDhcEA7n5c1GNp5NaT72&caseno=WP(C)/9755/2022&cCode=1&cino=ODHC010244832022&state_code=11&appFlag=)

Disclaimer: Curated by HT Syndication.