DHANESWAR PATTANAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner is a retired employee of Puri Municipality. After serving the said Municipality during the best part of his life, he retired from service on 31.7.1994 on attaining the age of superannuation. He is neither litigation -minded nor litigation is his hobby, but then the inaction of the authorities has thrust upon him litigation which he has to prosecute willy nilly.

(2.) THE petitioner has approached this Court being aggrieved by the order dated 9.11.1998, Annexure -3, passed by the Executive Officer, Puri Municipality, opposite party No. 4, disposing of the representations filed by the petitioner for payment of his G.P.F. dues. It is stated that while the petitioner was working as an employee under the Municipality, the authorities deducted substantial amount from his salary month after month towards his GPF Account, but surprisingly the amount so deducted were not credited with the concerned authority. Although the petitioner requested the authorities several times to intimate him his GPF A/c number, they maintained stony silence. After retirement of the petitioner in 1994 also the authorities have taken absolutely no steps till today for disbursement of the amount he is entitled to receive towards GPF dues. Being an aged man the petitioner was made to run from pillar to post for his purpose and then was constrained to approach the portals of this Court by filing a writ application, i.e., OJC No. 6635 of 1998 praying to direct the authorities to disburse his GPF dues as also his pension. The said writ application was disposed of by this Court on 29.6.1998 directing the Municipality to dispose of the representations filed by the petitioner for payment of his pension and disbursement of the amount outstanding in his GPF account. In consonance with the said direction, the authorities disposed of the representations filed by the petitioner vide Annexure -3 stating that though Rule 17 of the Orissa Local Fund Service Rules, 1975 provides G.P.F. benefit to the L.F.S. employees, no rules or modalities for payment have yet been framed by Government. It was also stated that the claim of the petitioner should be settled in consonance with the Government instructions issued vide letter No. 11256/HUD dated 4.4.1997 and final settlement will be made soon after framing of G.P.F. Rules for Municipal Employees by Government.

(3.) I have heard learned counsel for the petitioner and the learned counsel for the opposite parties patiently, gone through the pleadings of the parties carefully, considered the submissions diligently and examined the materials available on record meticulously. Admittedly the petitioner is an erstwhile employee of Puri Municipality. He retired from service in 1994 on attaining the age of superannuation. Pension and GPF dues of a retired employee are no more considered as bounty of the State. It is the bounden duty of the employer to disburse the retirement dues including pension and GPF amount as expeditiously as possible without making any delay whatsoever. Non -payment of such dues of a retired employee would certainly cause prejudice and unsurmountable hardship to him. According to the service rules certain amount is liable to be deducted from the employees salary towards GPF. It should be the duty of the authorities to credit the said amount in the GPF account of the employee concerned so as to enable him to receive the same after his retirement. The scheme is a beneficial one and is not to be frustrated any way. As a matter of fact the Municipality has paid the GPF dues to some of its employees similarly placed like the petitioner, namely, Sri Ramachandra Pujapanda and Shri Gopinath Mohapatra, as specifically asserted by the petitioner in para -10 of the writ petition, and not controverted in the counter affidavit. In the aforesaid scenario, I have no hesitation to direct the opposite parties to pay the GPF dues of the petitioner as has been done in the cases of aforesaid Sri Rama Chandra Pujapanda and Sri Gopinath Mohapatra by maintaining parity. The GPF dues of the petitioner shall be paid to him within six months from the date of receipt of this order. Before concluding, I also direct the State Government to take expeditious steps to frame the rules as contemplated under Rule 17 of the L.F.S. Rules if the same has not been done yet. With the aforesaid direction/observation the writ application is disposed of. Application disposed of.