DHANANJAY MISHRA Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) The Petitioner in this writ petition seeks to assail the action of the Divisional Manager. Ferro Alloys Plant. Bamnipal under the Tata iron and Steel Company Limited in Dunging his service to an end in the guise of his premature retirement.

(2.) Briefly stated, case of the Petitioner is that he was appointed as a Chemist under the Orissa Mining Corporation (Alloys) Limited. Bamnipal on 29.2.1985. While he was serving as such, the State Government on 24.9.1991 promulgated Ordinance bearing No. 8 of 1991 for acquisition and transfer of the Charge Chrome Division of said Mining Corporation. As per the said Ordinance, the right, title and interest of the Company in relation to Charge Chrome Division were transferred and vested with the Government of Orissa. By notification dated 27.9.1991, in exercise of powers conferred by Sub -sections (i) and (ii) of Sec. 6 of the Orissa Mining Corporation Ltd. (Acquisition and Transfer of Charge Chrome Division) Ordinance. 1991, the State Government directed that the right, title and interest of the Charge Chrome Division of the Orissa Mining Corporation Ltd. shall vest in the Tata iron and Steel Company Ltd. (for short, the 'TISCO'). The said notification was published in the Official Gazette wherein it was made clear that all the employees of the Charge Chrome Division shall be taken over by the transferee without interruption of services on their existing terms and conditions. The Petitioner asserts that he has a brilliant service record and has been granted several increments as well as certificates throughout his service career by the management in recognition of his outstanding performance. While this was the position, in the year 1997 -98 he was issued with a letter intimating that his performance for the year 1997 -98 was not satisfactory. Thereafter, the increment for the next year i.e. 1999 was stopped. The Petitioner being aggrieved by such action of the management made several representations to opposite party No. 3. He suffered from rheumatic heart disease and had undergone an open heart surgery for replacement of Matral Valve in July. 1995. According to the Petitioner, on 12.10.1999 while he was working in the general Shift, he felt uneasiness and physical discomfort. Since his condition deteriorated, he was forced to write a note on the direction of opposite parties 2 and 3 and he was served with the letter dated 11.10.1999 stating acceptance of his purported application for premature retirement. On the same day he was taken to E.S.I, doctor who referred him immediately to S.C.B. Medical College & Hospital, Cuttack. He was advised complete bed rest for seven days. On 13.11.1999 he went to join in his job, but he was not allowed for which he sent a joining report by post. On 14.12.1999 the TISCO authorities issued a letter expressing regret to consider his joining report on the plea that he had already retired prematurely. The Petitioner made a representation to the State Government on 18.1.2000 and the same was forwarded by the TISCO authorities on 30.1.2000.

(3.) The opposite party No. 1, the State of Orissa in its counter has stated that as per the Ordinance No. 8 of 1991 for public interest the Charge Chrome Division was sold to M/s. TISCO. As per the said Ordinance, all the right, title and interest of the company in relation to Charge Chrome Division vested with the Orissa Government were transferred. Subsequently, by Anr. notification dated 27.9.1991, in exercise of powers conferred by Sub -clauses (i) and (ii) of Sec. 6 of the Orissa Mining Corporation (Acquisition and Transfer of Charge Chrome Division) Ordinance. 1991, the same was transferred to M/s. TISCO. In the said Ordinance, all the rights and liabilities of the State Government in relation to said Charge Chrome Division shall be deemed to have become the rights and liabilities of M/s. TISCO.