RAKHAL CHANDRA MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner in this writ petition challenges the order of dismissal dated 11 -1 -2008 passed by the Orissa Administrative Tribunal, Bhubaneswar, in O.A. Nos. 1047 of 2004 and 1288 of 2007 without considering the opinion of the Law Department.

(2.) THE petitioner claims that his father s date of birth as per the School Leaving Certificate is 19 -8 -1933 and the transfer certificate of Class -III was issued by the then Head Master on 10 -1 -1944. The said transfer certificate dated 10 -1 -1944 was duly certified by the Head Master and S.I. of Schools, Bidya -dharpur Circle, Cuttack, on 1 -7 -1989. The petitioner s father being aggrieved due to early retirement and wrong recording of his date of birth in the service book filed an application before the Orissa Administrative Tribunal, Bhubaneswar, bearing O.A. No. 750 of 1989, which was decided on 19 -6 -1992. The petitioner s father died on 28 -1 -1991. After his death, his legal heirs were substituted in the Original Application and ultimately the Tribunal directed the opposite parties to pay the salary and allowances of late Raj Kishore Mishra, the father of the petitioner, from the date of retirement on 31 -7 -1989 till his death on 28 -1 -1991 to his legal heirs. The Tribunal further directed that the family pension accordingly be calculated and the same be paid to the legal heirs together with gratuity, provident fund and other retirement benefits within three months from the date of receipt of the judgment.

(3.) THE opposite parties being aggrieved by the aforesaid judgment filed S.L.P. before the Supreme Court, which was dismissed on 26 -4 -1993. After the aforesaid dismissal of the case, on 18 -1 -1994 opposite party No. 4, the Executive Engineer, reported to the Superintending Engineer for necessary clarification regarding payment of G.I.S. and also appointment of family members of Late Rajkishore Mishra on Rehabilitation Assistance Scheme for further action, wherein the Executive Engineer reiterated the fact that the Tribunal extended the financial benefit up to his death without treating the date of retirement on 31 -8 -1993 with the date of birth on 19 -8 -1933.