Supreme Court - Daily Orders
Orissa St.Civil Supplies ... vs Ajit Kumar Das on 23 September, 2014
Bench: Dipak Misra, Vikramajit Sen
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 9206 OF 2014
(@ Special Leave Petition (C) No. 37/2013)
Orissa State Civil Supplies Corporation
Ltd. & Anr. .. Appellants
VERSUS
Ajit Kumar Das & Anr. .. Respondents
O R D E R
Leave granted.
Aggrieved by the order dated 28.08.2012 passed by the Division Bench of the High Court of Orissa at Cuttack in WP(C) No. 14511 of 2010, the Orissa State Civil Supplies Corporation Ltd. and its functionary have preferred this appeal by special leave.
The factual matrix lies in a narrow compass. The first respondent was appointed as a 'Kantawala' on 13.07.1992. By virtue of an office order dated 14.12.1994, he was allowed to work as 'Sales Assistant-cum-Godown Signature Not Verified Assistant'. During the said period, he was paid the salary Digitally signed by for the post in question. On 19.10.2005, the Competent Naveen Kumar Date: 2014.09.25 15:34:38 IST Reason:
Authority passed an order of reversion reverting him to the post of 'Kantawala'. The said order compelled the first 2 respondent to file the writ petition.
As is evident from the order passed by the High Court, we find the High Court has given the stamp of approval to the order of reversion. The same has not been assailed before us by the first respondent.
It is noticeable that the High Court, while upholding the order of reversion, has directed that the respondent's pay shall be protected. To elaborate, though he is reverted to the post of Kantawala, which is in the category of Class IV post, yet he would be allowed to draw the salary of Class III post. In our considered opinion, such a direction is impermissible and accordingly we set aside the same.
At this juncture, learned counsel for the respondent would submit that the order of reversion has been passed with retrospective effect and he has not been paid the salary meant for the post of Sales Assistant-cum-Godown Assistant, while he worked in the said post. Mr. Das, learned senior counsel appearing for the Corporation fairly conceded that the salary component in entirety, as per the pay-scale, if not paid to the respondent, shall be paid or if there is any difference, the same shall be made good within three months hence.3
Before parting with the case, we may direct that the case of the respondent may be considered for the higher post, if he is qualified for departmental promotion or by direct recruitment without insisting on the age. Needless to say there would be age relaxation in respect of the respondent when the posts are filled up.
In the result, with the aforesaid modification in the order of the High Court, the appeal stands disposed of without any order as to costs.
…......................J. (DIPAK MISRA) …......................J. (VIKRAMAJIT SEN) NEW DELHI SEPTEMBER 23, 2014 4 ITEM NO.5 COURT NO.8 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 37/2013 (Arising out of impugned final judgment and order dated 28/08/2012 in WP No. 14511/2010 passed by the High Court Of Orissa At Cuttack) ORISSA ST.CIVIL SUPPLIES CORPN.LTD.&ANR. Petitioner(s) VERSUS AJIT KUMAR DAS & ANR. Respondent(s) (with interim relief and office report) Date : 23/09/2014 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE VIKRAMAJIT SEN For Petitioner(s) Mr. J.K. Das, Sr. Adv.
Mr. P.P. Nayak, Adv.
Mr. Sandeep Das, Adv.
Mr. Parmanand Gaur, Adv.
For Respondent(s) Ms. Nidhi, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
Appeal stands disposed of in terms of the signed order.
(NAVEEN KUMAR) (RENUKA SADANA)
COURT MASTER COURT MASTER
(Signed order is placed on the file)