PRAHALLAD CHANDRA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner, an erstwhile employee of the Cuttack Municipal Corporation, has approached this Court for issuance of direction to the opposite parties to release his pension and arrear salary pursuant to decision of the Municipal Corporation and resolution dated 13.10.2006 passed by the Government of Orissa in the Housing and Urban Development Department.

(2.) IN the Writ Petition it has been averred that the petitioner was initially appointed as an Assistant Teacher under the then Cuttack Municipality in the year 1958. He had been promoted to the grade of Headmaster in the year 1970 and then to the grade of Headmaster, Class II in the year 1975. On attaining the age of superannuation he retired from service with effect from 16.8.1997. His retirement dues like pension, etc. having not been paid he had earlier approached this Court in OJC No. 7216 of 1998 which was disposed of on 14.10.1998 with direction to the opposite parties to grant the pension and other benefits to the petitioner in terms of Government Resolutions dated 23.3.1993 and 2.6.1994 within three months from the date of the order. It is alleged that in spite of the aforesaid order of this Court, no steps were taken by the opposite parties and consequently he was constrained to file a Contempt Petition which was registered as OCRMC No. 44 of 1999. During pendency of the OCRMC, Government of Orissa in the Housing and Urban Development Department took a decision that the benefit of revised scales of pay as applicable to the State Government employees would be applicable to the employees working under the municipal employees and for that called upon the urban local bodies to make an in depth analysis of their income and expenditure and to come up with clear suggestion that they would be able to meet the additional liabilities from their own resources without depending on the State Government. The said decision was intimated to all the Municipalities and urban local bodies by G.O.No. 3906 dated 16.10.1999. Thereafter the Cuttack Municipal Corporation took decision to revise the scales of pay of its employees and to bear the entire expenditure with effect from 1.1.1996 and communicated the said decision to the Director, Municipal Administration by letter dated 2.5.2000, vide Annexure -1. Government of Orissa in the Housing and Urban Development Department on 29.8.2002 however extended the benefit of revised scales of pay to the employees of the Municipalities with effect from 1st August, 2002 instead of 1.1.1996. Being aggrieved by such decision, the Orissa Municipal Employees Federation filed a Writ Petition before this Court which was numbered as W P (C) No. 10798 of 2003. The said Writ Petition was disposed of on 27.3.2006 and this Court issued Writ commanding the State Government to accord sanction/approval to the recommendation of the Cuttack Municipal Corporation to extend the Orissa Revised Scales of Pay Rules, 1998 to its employees with condition that the Cuttack Municipal Corporation would bear the financial burden in that regard. It was further directed that a Notification to that effect be issued by the State Government within a period of two months.

(3.) MR . B.Routray, learned counsel appearing for the petitioner, submits that due to deliberate inaction of the opposite party -authorities the petitioner is subjected to insurmountable hardship and it is a fit case where they may be directed to disburse the legitimate dues of the petitioner as per the rules with interest thereon.