SARAT CHANDRA SWAIN Vs. STATE OF ORRISSA

JUDGEMENT

(1.) THE petitioner in this writ petition has sought for issuance of a writ of mandamus directing the opp. party no. 1 ­ State to release his final pension and other retiral benefits as due to him and pending such release, to pay provisional pension, which was being paid to him earlier and was stopped from the month of December, 2005.

(2.) THE case of the petitioner is that he was initially appointed as Dark Room Assistant on 19.2.1968 and subsequently promoted to the post of Radiographer on 24.4.1971 at S.C.B. Medical College and Hospital, Cuttack. In the year 1983, the cancer wing of S.C.B. Medical College was placed under a Society called "Acharya Harihar Regional Cantre" for cancer research and treatment. It being an autonomous body, the petitioner and many others were sent on deputation to the said society. On 24.9.1998, the Director under Annexure -1 issued an instruction to exercise option for permanent absorption and the petitioner gave his option for his absorption, which was finally accepted by the opp. party no. 3 on 25.1.1999. On 12.6.1981, a resolution has been made under Annexure -3 by the Director and as per paragraph ­ 7 (a) of the resolution, the petitioner was called on 5.2.1999 to sign the form for exercising option under Annexure -4. On 8.1.1999, the said option for monthly pension and retirement benefit was accepted. On 31.1.1999, the petitioner retired on absorption from S.C.B. Medical College after completion of 31 years of service. He continued in the Acharya Harihar Regional Centre for Cancer, Cuttack till attaining 58th years, i.e., the age of superannuation. After his retirement from Acharya Harihar Regional Centre for Cancer, the petitioner received all his retirement benefits from the autonomous body for the period for which he served under that body and thus, there remains no dispute against Acharya Harihar Regional Centre for Cancer, Cuttack. While continuing his service in the cancer wing under deputation, as per order No. 2788 dated 24.9.1998 under Annexure -1, the opp. party no. 3 asked for fresh and final option in the prescribed form in triplicate for permanent absorption in the service of the autonomous body, i.e., Acharya Harihar Regional Centre for Cancer, Cuttack on or before 8.10.1998. It is the further case of the petitioner that consequent upon permanent absorption with effect from 1.2.1999, the petitioner applied to the Government for his retirement benefit for the period of his Government service which he had rendered from 19.2.1968 to 31.1.1999. As till date, the final pension has not been granted in favour of the petitioner though by letter dated 20.1.2003 the opp. party no. 2 sanctioned provisional pension in his favour which he received from February, 1999 till December, 2005 and thereafter, the said provisional pension was suddenly stopped from the month of January, 2006 without any office order. He represented on 24.2.2006 demanding the provisional pension from January, 2006, but did not get any response. ;The petitioner, therefore, claims that he is entitled to his pension for his service rendered to the Government for a period of more than 31 years and being aggrieved by non -payment of such pension has approached this Court in the present writ petition.

(3.) THE relevant portion of the counter affidavit of opp. party no. 1 for the purpose of adjudication of the writ petition is as follows: -