BAIDYANATH MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this Writ Petition, the Petitioner has challenged the Order dated 17.06.1996 passed by the Orissa Administrative Tribunal, Bhubaneswar (hereinafter referred to as 'the Tribunal') in Original Application No. 2161 of 1995 and also the Order dated 09.12.1998 passed in Review Petition No. 24 of 1996 confirming the above Order dated 17.06.1996 passed in the Original Application, in rejecting the Petitioner's claim for special pay attached to the post of O.A.S. Class -I Senior Branch (Deputy Secretary) Super Time Senior Branch (Joint Secretary) along with interest @ 18 % per annum on delayed payment of arrear, arrear dues relating to commuted value of pension along with interest @ 18 % per annum and compensation of Rs. 3,00,000/ - for harassment and allowing the prayer for payment of interest for the delayed payment of D.C.R.G., if the delay is unreasonable.

(2.) EVEN though no counter affidavit has been filed by the State in this case, on a detailed discussion relating to the facts and merits of the case, Learned Tribunal disposed of the O.A. vide order under Annexure -8 with the following directions:

(3.) IN this Writ Petition, the Petitioner has only reiterated the facts stated by him in the Original Application. The Original Application was filed in the year 1995 i.e., after eight years of retirement of the Petitioner claiming for payment of 18% interest on arrear salary of Rs. 24, 656/ - from August, 1956 to August 1980 paid on 28.09.1994, interest at the same rate of Rs. 23, 756/ - paid on 20.07.1995, special pay along with 18 % interest, commutation of pension, arrear pension (provisional), Death -cum -Retirement Gratuity, Encashment of Leave Salary and arrear of Provisional Pension along with 18% till the date of disbursement and further prayed for a compensation of Rs. 3,00,000/ - for his sufferings during his service period from the year 1970. The Petitioner, who joined as Sub -Deputy Collector in August, 1955 was confirmed in 1961 even though he was to be confirmed in April, 1958. Since he was superseded in August 1962, he approached this Court in O.J.C. No. 368 of 1970, which was disposed of on 02.01.1974 directing the State Government to consider his case relating to supersession. Considering his case the State Government found that the Petitioner was not suitable for promotion. Thereafter, again the Petitioner filed, O.J.C. No. 768 of 1975 for promoting him when his immediate junior was promoted on 17.08.1962. By Order dated 28.07.1977 direction was given by this Court to the State Government for reconsideration of the case of the Petitioner in comparison with the records of his junior who had been promoted. The Petitioner also filed two Writ Petitions i.e. O.J.C. Nos. 414 of 1977 and 1208 of 1979 since he could not get the deserving promotion on account of entries made in his Confidential Character Roll. On 07.05.1985 both the cases were disposed of directing the State Government to consider the matter afresh keeping in view the fact of delay in communication of the adverse remarks. On the basis of such direction, some of the adverse remarks were expunged and thereafter he was promoted to O.A.S. Class -II with effect from 21.08.1965 by order of the Government dated 23.05.1987 against the recruitment year 1964 and was promoted to O.A.S. -I (Jr. Branch) with effect from 31.03.1980 by Order dated 31.10.1989. On the same day, he was also promoted to O.A.S. Class -I (Senior Branch) on ad hoc basis and was posted as Deputy Secretary and retired on the very same day. Adverse remarks for the years 1956 -57 to 1959 -60 and from 01.04.1961 to 31.07.1961 were expunged in full by an order communicated vide letter -dated 24.02.1991, which is after his superannuation. As such, adverse remarks being expunged, his case for promotion was considered. So far as claim of the Petitioner relating to Special Pay of Rs. 150/ - per month is concerned, the same was rejected since the Special Pay is attached to the post and the Petitioner had not discharged his duties in the post to which special pay is attached. The other officers who were so -called junior to the Petitioner had drawn the special pay since they were performing their duties in the post to which the special pay is attached. The basis of the claims of the Petitioner relates to special pay as O.A.S. -I (Junior Branch), Deputy Secretary and Joint Secretary, interest on account of delay in payment of the arrear dues, release of gratuity and compensation for harassment were discussed in detail in the impugned Judgment passed in the Original Application.