GANESWAR ROUT Vs. COLLECTOR

JUDGEMENT

(1.) The instant writ petition is under Article 226 and 227 of the Constitution of India seeking a direction from this Court upon the opposite parties to pay the petitioner's arrear dues and salary as per the terms and conditions of the appointment order and the agreement. The contempt petition has been filed for non-compliance of the order dated 08.02.2010 passed in the instant writ petition by which this Court has directed the opposite parties to pay the current salary of the petitioner from the month of January 2010 till final disposal of the writ petition.

(2.) Case of the petitioner in brief is that he has been appointed in terms of an advertisement as Joint Secretary in the District Red Cross Branch, Balasore on 31.03.2005 with the specific condition that he will get apart from the salary, HRA, DA, increment and other criteria applicable to the similar rank of the State Govt. Gazetted Officers status. The petitioner in pursuance to the aforesaid appointment order has joined the service and started discharging his service but the salary has been paid without making payment of allowance i.e. HRA, DA, increments and other criteria applicable to the State Government employee as stipulated in the appointment order dated 31.03.2005, hence this writ petition. Learned counsel for the petitioner submits by referring to the agreement dated 2.4.2005, more particularly clause 2.1 and 2.2 questioning the action of the authorities in releasing allowances as stipulated therein. It is the case of the petitioner that when the appointment order along with agreement is containing a specific condition regarding the financial benefit, the petitioner is entitled to get the aforesaid financial benefit but extending the same is an arbitrary exercise of the authority.

(3.) Counter affidavit has been filed by the opposite party-Society, wherein it has been submitted that the petitioner has been appointed in terms of an advertisement dated 20.12.2004 which has been issued on the basis of a proceeding held on 25.11.2004, wherein it has been decided by the opposite party that in the District Red Cross Branches on the monthly honorarium (consolidated) to the tune of Rs. 5000/-, from which Orissa State Branch through Odmp II will subsidize its share of Rs. 3500/- and the District Branch Red Cross will contribute Rs. 1500/- till the project ends i.e. December, 2007. It has been stated that since specific condition regarding the financial benefit to be given to one or the other appointees is on the basis of monthly honorarium (consolidated), as such there is no question of making payment of DA, HRA etc., hence the same is applicable, as such it has been submitted that the petitioner's service is co-terminous with the Project and as per the proceeding dated 25th November 2004, the Project has ended in December 2007 and as such he will get remuneration until December 2007. However, it has been stated that the remuneration has been paid and as such in view of the condition referred in the proceeding dated 25.11.2004, the petitioner is entitled to get the benefit of D.A., HRA etc. Further ground has been taken regarding maintainability of the writ petition by saying that the Red Cross Society is a State, as such amenable under the writ jurisdiction of this Court since it is coming under the fold of Article 12 of the Constitution of India. It has further been stated that the agreement which has been annexed by the petitioner on 2.4.2005 is forged one, since the stamp paper has been purchased by him only on 6.4.2005, as such there cannot be any agreement prior to purchase of the aforesaid stamp paper which would be evident from the extract of the Register showing the purchase of stamp paper, hence the petitioner has committed forgery, further it has been stated that the petitioner was the custodian of all record, as such he has committed fraud by inserting the conditions of getting salary by committing forgery which would be evident from the date of purchase of the stamp paper as stated hereinabove.