AKHILANATH SAHOO Vs. JOINT GENERAL MANAGER, OSFC

JUDGEMENT

(1.) The petitioner, who is working as a Security Assistant under the Orissa State Financial Corporation, has filed this application seeking the following reliefs:

(2.) The short facts of the case in hand are that the Orissa State Financial Corporation, in short, " the Corporation", is a body Corporate engaged in augmenting the industrial activities of the State by providing financial assistance to the individual entrepreneurs/ firms/ institutions etc. under Section 29 of the State Financial Corporation Act, in short, "the Act". For that purpose the Corporation has to recruit Security Assistants for watch and ward duty to protect the articles from theft and destruction. The petitioner, being a Matriculate applied for appointment as Security Assistant, which being considered he was engaged as a Security Assistant on 27.2.1980 on daily wage basis for watch and ward duty along with many others. He having been retrenched from service on 1.8.1989 without following due procedure of law, challenging the order of retrenchment, he filed O.J.C. No. 529 of 1990 before this Court, which was disposed of on 12.1.1996. Other similarly situated retrenched employees also filed O.J.C No. 3833 of 1989. In O.J.C No. 3833 of 1989, this Court appointed a Committee headed by Justice V.Gopalaswamy (Retd.) as Chairman to enquire into the matter and report with regard to the work load of the organization and the requirement of employees. The Committee submitted its report suggesting engagement of 241 employees for watch and ward duty in respect of the industrial units of the Corporation. On receipt of such report of the Committee, this Court disposed of the said writ application on 20.7.1999 directing the Corporation to re-engage 241 employees in phased manner and to pay a sum of Rs.2500/- as compensation to each of the employees. In the list of candidates under Annexure-1, the petitioner's name found place at Sl.No.86, but subsequently another list of daily wage employees was also submitted by the counsel for the Corporation. In the said list under Annexure- 1/A, the petitioner's name found place at Sl.No.74. Accordingly, the petitioner was asked to furnish the necessary data, such as, date of birth, educational qualification before the Deputy Manager of the Corporation on 26.4.1992 vide Annexure-2, which was supplied by the petitioner. At this point of time, notice was published on 14.10.1999 vide Annexure-3, in daily news paper "the Samaj" asking the employees like that of the petitioner to produce their documents/certificates. In compliance with the same, the petitioner submitted his documents/ certificates on 25.10.1999 vide Annexure-4. But unfortunately when the list was published as per Annexure-5 by the opposite parties for engagement of daily rated Security Assistants, the name of the petitioner did not find place though the names of some juniors were there in the said list. The petitioner made a representation to the Managing Director on 27.12.1999 as per Annexure-6, but the same did not receive his consideration. Therefore, he made a representation to the concerned Minister of the State, who by letter dated 12.5.2000 forwarded the same to the Managing Director of the Corporation vide Annexure-8, stating that the petitioner had had a genuine claim for appointment pursuant to the list accepted by this Court. This way, the petitioner moved from pillar to post to get engagement order. Finally, on 12.6.2000 the petitioner's case was considered and a letter of appointment was issued to him by the Joint General Manager, OSFC, opposite party no.1. In compliance with the order of appointment, the petitioner joined as Security Assistant in the office of the OSFC, Rourkela on 22.6.2000 vide Annexure-11. Thereafter, the Branch Manager, OSFC, Rourkela informed opposite party no.1 about the joining of the petitioner and forwarded the original certificates of the petitioner to him on 26.6.2000, vide Annexure-12. On 13.7.2000 vide Annexure-12 series, the Secretary, OSFC intimated about the joining of the petitioner in the service of the Corporation to the General Manager, OSFC along with the original certificates submitted by him. On 4.9.2000 as per Annexure-13 though the petitioner had joined the service with effect from 22.6.2000, his salary was not paid. He, therefore, submitted a representation to the Managing Director, OSFC for payment of the same. He also made a similar representation to the Minister concerned on 5.8.2000 vide Annexure-14, but the opposite party no.5 issued a letter to opposite party no.3 for giving clarification on the petitioner's appointment on 22.6.2000 vide Annexure-15. The Joint General Manager, opposite party no.5 informed the Branch Manager, Rourkela not to act upon such appointment letter on the ground that no such letter of appointment was issued by the Head Office vide his letter Annexure- 15/A. The petitioner submitted a representation to the Principal Secretary, Industries Department on 4.9.2000 vide Annexure-16. But the Branch Manager, Rourkela Branch informed the opposite party no.5 vide letter Annexure-17 dated 21.9.2000 clarifying the position in favour of the petitioner. Hence, this writ application.

(3.) While entertaining the writ application, this Court passed an interim order to maintain status quo vide order dated 7.11.2000, but as submitted by the learned counsel for the petitioner, the concerned authorities of the Corporation managed to get the petitioner out of service in a crafty and subterfuge manner.