KALYANI PATTNAIK Vs. REGISTRAR, UTKAL UNIVERSITY

JUDGEMENT

(1.) In the accompanied writ petition, the petitioner who is a retired Hindi Teacher having put in 37 years of uninterrupted and unblemished service in the Utkal University High School, Vani Vihar, Bhubaneswar in assailing the lackadaisical and indifferent action of the opposite parties for non-payment of post retirement benefits, has approached this Court under Articles, 226 and 227 of the Constitution of India, praying inter alia for direction to the opposite parties to consider the case of the petitioner for grant of ACP and for disbursement of the pension and other pensionary benefits including the GPF, gratuity and unutilised leave salary etc.

(2.) Undisputed facts as borne out from the records reveals that the petitioner having the requisites qualification was appointed as Hindi teacher in the Utkal University High School, Vani Bihar vide office order issued by the Registrar Utkal University dated 20.03.1975 and in pursuance of the said order, the petitioner joined in her duties with effect from 20.03.1975. The petitioner continued in the said post till her retirement from service on 31.05.2012. During the continuance, the petitioner crossed her first EB (Efficiency Bar) in the year 1993 and second E.B.(Efficiency Bar) in the year 1994, as evident from Annexure-4 series. The petitioner has also got TBA (Time Bound Advancement) Scale for 15 years vide office order no.38378 dated 19.01.2001 as per Anneure- 1. During her tenure, the petitioner also contributed towards GPF (General Provident Fund) from her salary. Despite her continuance in service nearly 37 years, since the petitioner was not granted post retirement benefits, she submitted a representation dated 30.11.2012 addressed to opposite party no.1 as per Annexure-7. The representation of the petitioner fell in deaf ears since the opposite parties did not take any tangible steps for release of post retirement benefit. Left with no alternative, efficacious and speedy remedy, the petitioner knocked the doors of this Court for redressal of her grievances.

(3.) Mr.Das, learned counsel for the petitioner submits with vehemence that the service of the petitioner ought to have been regularised in view of Clause-3 (a) (ii) of the Orissa Aided Educational Institutions (Appointment of Teachers" Validation) Act,1978 since the petitioner was appointed by the Board prior to 1st December,1976 and the date of appointment of the petitioner being 01.04.1975, the said validation Act is applicable to the case of the petitioner. Learned counsel for the petitioner further submits that the letter dated 02.12.2010 vide Annexure-14 to the writ petition pertains to creation of one post of Hindi Teacher for the University High School, Vani Bihar, Bhubaneswar for regularisation of service of the petitioner. Even in the said letter there was a proposal for creation of supernumerary post of Hindi Teacher with effect from 20.03.1975 to 31.03.2005, but the said letter from the Hon'ble Chancellor office did not see the light of the day. Learned counsel for the petitioner further referred to the rejoinder affidavit filed by the petitioner to the counter filed by opposite party no.3 dated 26.06.2019 wherein the District Education Office, Khurda's letter dated 08.08.2018 has addressed to the Director, Secondary Education, Odisha, Bhubaneswar requesting issuance of necessary instructions towards sanction of pension/pensionary benefit in favour of the petitioner. In the counter affidavit of the opposite party no.1 to rejoinder affidavit filed dated 24.04.2014 refers to a letter dated 09.02.2011, i.e., Annexure-I/1 wherein a request has been made by the Joint Secretary, Chancellor to the opposite parties for regularisation of the services of the petitioner. Learned counsel for the petitioner further in order to buttress his submission has referred to the decision rendered by the Hon'ble Apex Court in the case of Secretary, State of Karnatak v. Uma Devi and others , 2006 AIR(SC) 1806, Narendra Kumar Tiwari and Ors. V. State of Jharkhand and Ors , 2018 AIR(SC) 3589, State of Jharkhand and others v. Kamal Prasad and others , 2014 7 SCC 223 and Bhupinder Singh and Ors. V. State of Punjab and Ors , 2013 AIR(SC) 3547.