SRUTAKIRTI DAS Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The petitioner, who was working as Lady Assistant Surgeon, Police Hospital, Rourkela in the district of Sundargarh, has filed this writ petition essentially for issuance of a direction to the opposite parties to pay interest @ 12% per annum on the ground of delayed payment of arrear salary for the period from 1/1/1996 to 8/6/1999 amounting Rs.77,716.00, and other consequential benefits incidental thereto, in her favour.

(2.) The facts of the case, in brief, are that the petitioner joined as Assistant Surgeon under the Govt. of Odisha, Health and Family Welfare Department in January, 1985 and was posted at District Headquarter Hospital, Sambalpur. Thereafter, she worked under such capacity in different Govt. Hospitals till July, 1992, when she was transferred to Police Hospital, Rourkela under the administrative control of the Superintendent of Police, Rourkela. While she was continuing there, she crossed her Efficiency Bar in May, 1995 after reaching the appropriate scale and her Efficiency Bar crossing proposal was to be sent by the Superintendent of Police, Rourkela to the Government through proper channel for timely sanction, but the same was not recommended in due time. Vide Office order No.41460 dtd. 4/10/1996 of the Government of Odisha, Department of Health and Family Welfare, the service of the petitioner was regularized. As a consequence thereof, the service book of the petitioner containing her service particulars for the period prior to 1995 and for subsequent years, reached opposite party no.1 in December, 1998. But, the proposal in connection with crossing of the Efficiency Bar of the petitioner was not forwarded by the Superintendent of Police, Rourkela to the Government notwithstanding the specific instruction contained in the Finance Department Memo No.8827/F dtd. 28/7/1980 and letter No.53977/F dtd. 24/10/1980.

(3.) Mr. A. Sahoo, learned counsel for the petitioner contended that the opposite parties have caused delay in sending the proposal regarding crossing of Efficiency Bar and also payment of arrear dues, as a result of which, the service book of the petitioner was received in the office of opposite party no.1 in December, 1998 for submission of proposal of crossing Efficiency Bar. The proposal was sent to the State Police Headquarters vide letter dtd. 30/1/2001 i.e. after a period of more than two years from the date of receipt of the service book. After a period of more than 4 years from the date of her regularization, i.e. 4/10/1996, the said proposal was received in the Police Headquarters on 6/2/2001 and the same was forwarded to the Government of Odisha, Department of Health and Family Welfare, pursuant to which the proposal regarding crossing of Efficiency Bar of the petitioner was sanctioned on 7/8/2002. It is further contended that such delay is not attributable to the petitioner, rather to the opposite parties for their callous attitude to move with snail's pace to allow the petitioner to cross the Efficiency Bar, though it was due in 1996, and also for grant of the revised scale of pay in 1998 at a belated stage. As a consequence thereof, the petitioner is entitled to get interest on the amount for the period from 1/1/1996 to 8/6/1999. To substantiate his contentions, he has relied upon S.K. Dua v. State of Haryana, AIR 2008 SC 1077; Dhruba Charan Panda v. State of Orissa, 1999 (II) OLR 433 and Gobardhan Naik v. State of Orissa (WPC (OAC) No.2044 of 2005 disposed of on 22/6/2021).