STATE OF ODISHA Vs. BANAMALI SAMAL

JUDGEMENT

(1.) The State of Odisha has preferred this intra-Court appeal assailing an order dtd. 20/10/2022 passed by a learned Single Judge of this Court in W.P.(C) (OAC) No.1126 of 2017 (Banamali Samal and others v. State of Odisha and others), whereby the learned Single Judge has allowed the writ petition of the respondents herein directing the State Government to extend to them the pensionary benefits pursuant to a letter dtd. 24/5/2017 (Annexure-17) issued by the Scheduled Tribe (ST) and Scheduled Caste (SC) Development Department, Government of Odisha.

(2.) We have heard Mr. M.K. Khuntia, learned Additional Government Advocate (AGA) for the State-appellants and Mr. Shashi Bhusan Jena, learned counsel for the respondents.

(3.) The facts relevant for adjudication of the case are not in dispute. The respondents, who were the employees of Poudi Bhuyan Development Agency (PBDA), Dongaria Kandh Development Agency (DKDA), Didayi Development Agency (DDA) and Tumba Development Agency (TDA), which are Micro Projects in different districts. It is also not in dispute that these Micro Projects under the Integrated Tribal Development Agencies (ITDAs) functioning under the Scheduled Tribe (ST) and Scheduled Caste (SC) Development Department, Government of Odisha are the societies constituted and registered under the provisions of the Societies Registration Act which have their own governing bodies. As per the bye-laws of such Micro Projects, the Collector of the district functions as the Ex-Officio Chairman of the Micro Projects. Some of the posts of the Micro Projects are filled up on deputation of the Government servants whereas some are filled up through direct recruitment by Micro Projects in accordance with the stipulations of the ST and SC Development Department. The respondents are directly appointed staff of the ITDAs and Micro Projects. The ST and SC Development Department, Government of Odisha had come out with a communication addressed to all the Collectors, the PA., ITDAs and the Special Officers of the Micro Projects, under the signature of the Director (ST and SC)-cum-Additional Secretary to Government, the body of which reads as under:-