PIUSA KANTA PATRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This writ petition has been filed with a prayer for quashing the order No.3972/PH-OA-06/09 dated 20.10.2009 (Annexure-10) by which opposite party No.2-Director of Health Services, Orissa cancelled the promotional order No.6865 dated 06.12.2008 issued in favour of the petitioner and further directed recovery of excess payment, if any, made by way of enhanced salary in trained post as well as order dated 12.11.2009 (Annexure-14) passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.2714(C)/09 declining to interfere with the order passed under Annexure-10.

(2.) Petitioner's case in a nut-shell is that on 01.01.1983, initially the petitioner was appointed against the post of Field Worker in the office of the CDMO, Balasore. In the year 1985, he was directed to undergo MPHW (male) training for a period of eight weeks in two phases. After training his scale of pay was revised from time to time under ORSP Rules, 1989, 1996 and 2008. In 2007, the petitioner was assigned duties to collect the Blood Samples along with other MPHW (M). On 06.12.2008, the petitioner joined in the promotional post with an undertaking to submit the MPHW (M) Training Certificate within one month. In 2009, he approached opposite party No.4 to provide the Training Certificate, but opposite party no. 4 expressed his inability to provide the same. Thereafter, the petitioner approached the learned Tribunal in O.A. No.680(C) of 2009 praying for a direction to the concerned authority to issue the training certificate. By order dated 02.04.2009, the said O.A. was disposed of with a direction to opposite party No.2 to verify and if the petitioner had undergone training, then relevant certificate be issued within a period of one month. Opposite party No.2 instead of complying with the aforesaid order of the Tribunal, by order dated 20.10.2009, cancelled the promotion order dated 06.12.2008 with a direction for recovery of excess payment, if any, made to the petitioner in the promotional post in 48 equal monthly instalments. Challenging the said order, the petitioner approached the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 2714 (C) of 2009, which was dismissed by order dated 12.11.2009. Hence, the present writ petition.

(3.) Mr. N. Lenka, learned counsel appearing for the petitioner submitted that in the service book of the petitioner, it was clearly mentioned that on 23.12.2008 (U/A 11) Dr. B.K. Das, the M.O. I/c, CHC, Jaleswarpur issued a certificate stating therein that the petitioner be treated as trained MPHW (male) as per Fifth Schedule of ORSP Rules, 1985, which was duly signed by the CDMO, Balasore. The petitioner had undergone the training of MPHW (male) in the year 1985. In 2008, gradation list of MPHW (M) was published, where it has been mentioned that the petitioner had undergone the said training. On 20.12.2008, the petitioner was posted at CHC, Hatigarh as MPHS (M) in the district of Balasore. Concluding his argument Mr. Lenka submitted to allow the writ petition.