SIBARAM PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner has filed the aforesaid writ petition with a prayer to direct the Collector-cum-Chairman, F.F.D.A., Ganjam to make payment of the amount of gratuity as admissible to him under the Payment of Gratuity Act, 1972 within a stipulated period.

(2.) Sworn of unnecessary details, the short facts leading to the filing of the aforesaid writ petition are as follows: The petitioner on being duly selected was initially appointed as a Junior Clerk under the Collectorate, Ganjam on 4.6.1964. Subsequently, his services were terminated on 5.4.1968 as he was found to be under qualified to be appointed against such post. Challenging such order of termination, the petitioner filed a writ application bearing O.J.C. No.276 of 1968 and this Court did not interfere with the order of termination and dismissed the writ application. Again challenging the said order passed by the Hon'ble Single Judge of this Court, Civil Review No.12 of 1971 was also filed and the same was also dismissed. From the service book it appears that the petitioner was terminated from service on 20.6.1972. However, the petitioner was again appointed as L.D. Clerk by the Collector, Ganjam on 9.9.1972 and subsequently, the Collector passed another order on 1.8.1972 in which it was stated that the petitioner was 'reinstated' in service in stead of "fresh appointment". Thereafter, pursuant to the decision of this Court in Civil Review No.12 of 1972 and the instruction of the Revenue Department, he was finally terminated from service by the order of the Collector, Ganjam dated 24.7.1976.

(3.) Learned counsel for the petitioner vehemently argued that the petitioner has rendered service in different establishments under the State Government and thus, he is entitled to get gratuity under the Payment of Gratuity Act, 1972, in short, "the Act".