SUSANTA KUMAR TRIPATHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) By filing this Writ petition, the petitioner has sought quashing of the order dated 08.07.2015 passed by the Orissa Administrative Tribunal, Principal Bench, Bhubaneswar in O. A. No. 1289 of 2015 and thereby also quashing the order dated 23.04.2015 terminating his service with effect from 27.03.2015, the order impugned in the Original Application.

(2.) Short facts of the petition are that, due to inordinate delay in the recruitment, many posts in Government establishments remained vacant and unfilled, which resulted increase of workload in different establishments. Government of Orissa was sometimes forced to cope with the work by engagement of retired Government servants in particular regular vacancies but on temporary or contractual basis. In order to avoid the complications in such temporary and contractual engagement, Government in General Administration Department issued the resolution dated 27.08.2014 prescribing certain guidelines in the matter of engagement of retired Government servants. Under Clause 2 of the said resolution, prescription has been made to fix eligibility criteria for the officers who have retired from Government, service on attaining the age of superannuation but who are below the age of 65 years, having good service career and also physically fit to be considered for re-employment. Under Clause 4, it has been provided that re-employment shall be made initially for a period of two years and can be extended for subsequent period of two years with spells of one year each subject to satisfactory performance up to a total period of four years but not beyond the age of 65 years of age or till the posts are filled up by regular process, which ever is earlier.

(3.) Petitioners case herein is that he retired from the Government service as an Assistant Engineer (Electrical) on attaining the age of superannuation on 31.12.2013 and was re-employed as an "Officer on Special Duty" on contractual basis by the Government in Works Department vide letter dated 11.03.2015 and was posted against a vacant post under G.E.Sub-Division-1,Cuttack. Petitioner further averred that, while he was discharging his duties smoothly, a Vigilance Case was initiated against him on the allegations of demanding and accepting illegal gratification and it was registered as Cuttack Vigilance P.S. Case No.12 dated 26.03.2015, charging the petitioner Under Section 13(2) read with Sections 13(1)(d) and 7 of the Prevention of Corruption Act, 1988. On registration of the above Vigilance Case, the petitioner was arrested on 27.03.2015. Petitioner remained in custody till 09.04.2015 and was finally released on bail pursuant to the order of this Court dated 22.04.2015. Consequent upon release of the petitioner on bail, on 23.04.2015 an Office Order was issued terminating his service with effect from 27.03.2015 on the premises of his arrest and initiation of a Vigilance Proceeding against him.