KUNJABIHARI PATRA Vs. UNION OF INDIA

JUDGEMENT

(1.) By filing this writ petition the petitioner has sought for issuing a writ of certiorari from this Court for quashing the order dated 12.11.2007 vide Annexure-1 and also for issuing a writ of mandamus directing the authority-employer to regularize service period of the petitioner from 20.12.1995 to 16.05.2005. However, while making submission Mrs. Pattnaik, learned counsel appearing for the petitioner confined the petitioner's claim to the prayer no.(i) and limited the request involving the prayer no.(ii) to the extent issuing a mandamus to the employer to at least treat the period of absence i.e. 20.12.1995 to 16.05.2005 involving the petitioner for the purpose of calculation of pension.

(2.) Brief fact involving the case is that the petitioner was initially appointed as a Ward Boy in the Clinical Research Unit in Homeopathy at Puri in the regular scale of pay of Rs.750-940/- with usual allowances as per the order dated 12.01.1989 vide Annexure-2. Petitioner alleged that opposite party no.3 keeping grudge against the petitioner on false grounds complained against him to the opposite party no.2 and suggested for transfer of the petitioner to a distance place. As a consequence of which, the petitioner was transferred to Jaipur in the State of Rajasthan by order dated 04.12.1995 vide Annexure-3. Though the petitioner was on leave, yet by order dated 19.12.1995 the petitioner was relieved by opposite party no.3 from his service at Puri to join at Jaipur.

(3.) Being aggrieved by such transfer order, petitioner filed a writ petition to this Court vide O.J.C. No.2650 of 1996 which was disposed of by this Court by order dated 02.04.1996 with a direction that in the event the petitioner files a representation before the Director, the same will be disposed of as expeditiously as possible. It is pursuant to the direction of this Court, the petitioner made a representation before the Director which was ultimately rejected by the Director with the reason assigned therein. Petitioner being aggrieved by such rejection order again approached this Court by filing a Writ Petition vide O.J.C. No.6202 of 1996 impugning therein the rejection order dated 21.05.1996, which writ petition was again disposed of directing that the petitioner will not be transferred to Jaipur in the State of Rajasthan on the premises that the petitioner was a low paid employee and further the opposite parties should also consider his case for regularization of his service during which period the petitioner remained absent. It is pursuant to the aforesaid order petitioner filed a better representation to the competent authority which appears to have been disposed of not being satisfied with the explanation given by the petitioner but however passing an order to treat the period from 20.12.1995 to 16.05.2005 as 'dies non' being approved by the Hon'ble Minister, Health and Family Welfare Department. It was also observed therein that the said period shall not be counted for pensionary benefits. Resulting filing of the writ petition under consideration.