CHANDRABATI DAS Vs. STATE OF ORISSA & ORS

JUDGEMENT

(1.) The petitioner in this writ petition has assailed the order dated 16.09.2016 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A No. 2180 of 2014 as the same is illegal, arbitrary and perverse in rejecting the relief claimed by the petitioner to quash the memorandum of charges. However the Tribunal by a common order disposed of O.A No.1076 of 2014 also wherein a contempt application was filed bearing C.P. No.425 of 2014 to pay her arrear dues, which was directed to be paid within a period of six weeks, as an interim measure, in the Original Application by the Tribunal.

(2.) Learned counsel for the petitioner, Mr. Bhabani Sankar Mishra, contended that the petitioner was appointed by the Superintending Engineer, P.H. Circle, Sambalpur by order dated 19.07.1997 under Rehabilitation Assistance Scheme in regular establishment. In the said appointment order, it was specifically mentioned that the same was issued with reference to the letter of the Superintending Engineer R.W.S & S Circle, Sambalpur bearing No.2918 dated 02.07.1997 and letter No. 3403 dated 26.06.1997 of the Collector, Bolangir. Her service was under the disposal of the Superintending Engineer R.W.S & S Circle, Sambalpur for posting her against the vacant post lying under him. However, the Superintending Engineer R.W.S & S Circle, Sambalpur is not her appointing authority as stated above. While the petitioner was continuing as such, she faced harassment at the working place by the Head Clerk. As a result of which, she suffered mental illness and subsequently a decree of divorce was also passed. Due to such mental illness, she submitted a leave application in March, 2002, which was also extended from time to time till November 2002. However, due to her mental illness, she could not make any further communication. After the treatment and recovery from her ailment, she filed a representation to the Chief Engineer R.W.S & S, Odisha, Bhubaneswar for her transfer. Considering her representation, the Chief Engineer R.W.S & S, Odisha, Bhubaneswar issued an order of transfer on 26.11.2011 and transferred the petitioner from the office of the Executive Engineer R.W.S & S, Division, Bargarh to the Office of the Executive Engineer R.W.S & S, Division, Kendrapara as per her representation and it was indicated that she cannot claim her seniority if joined at Kendrapara and her transfer is made on private ground after careful consideration of her representation. It was also directed in the order of the transfer that the petitioner is to submit her fitness certificate as she was on leave for a long time on medical ground at the time of her joining, failing which the joining will not be accepted.

(3.) As her salary was not released due to non-submission of papers by Sambalpur Circle and her leave period was not regularized, she approached the Tribunal in O.A. No.1076 of 2014 wherein an interim order was passed to pay the salary of the petitioner within a particular time. However, since the same was not complied with, the petitioner filed C.P. No.425 of 2014.