Orissa High Court
State Of Odisha And Others vs Laxminarayan Biswal And Others ..... ... on 23 August, 2023
Bench: B.R. Sarangi, Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 32712 of 2020
State of Odisha and others ..... Petitioners
Mr. H.M. Dhal, AGA
Vs.
Laxminarayan Biswal and others ..... Opposite Parties
Mr. D.K. Pani, Advocate on behalf of
Mr. R.N. Behera, Advocate (O.P.1)
CORAM:
DR. JUSTICE B.R. SARANGI
MR. JUSTICE MURAHARI SRI RAMAN
ORDER
23.08.2023 Order No. This matter is taken up through hybrid mode.
10.
2. Heard Mr. H.M. Dhal, learned Additional Government Advocate and Mr. D.K. Pani, learned counsel appearing on behalf of Mr. R.N. Behera, learned counsel for opposite party No. 1.
3. The State petitioners have filed this writ petition challenging the order dated 15.01.2019 passed by the Odisha Administrative Tribunal, Bhubaneswar in O.A. No. 201 of 2019 under Annexure-2, by which the State petitioners were directed to allow minimum pension to opposite party no.1 taking into account his period of regular service counting the short fall period from the period of DLR service.
4. Mr. H.M. Dhal, learned Additional Government Advocate contended that the Tribunal has committed gross error, which is apparent on the face of the order, by directing the State petitioners to release the minimum pension in favour of the opposite party, even though he does not have the requisite years of service, i.e. 10 years to be eligible for minimum pension.
5. Mr. D.K. Pani, learned counsel appearing for opposite party no.1 contended that the petitioner was appointed as DLR employee on 01.11.1981 and thereafter brought to the regular service as Work Sarkar Page 1 of 2 on 02.03.2009 and while working as such, he retired from service with effect from 30.11.2016. Since there was short fall of certain period, the tribunal directed the authority to adjust the short fall period from the period rendered as DLR employee. Therefore, there is no error apparent on the face of the order of the Tribunal, calling for interference by this Court at this stage. He further contended that though the order was passed by the Tribunal on 15.01.2019, the state authorities preferred the writ petition only on 25.11.2020, which is after one year and 10 months of passing of the order by the Tribunal. In view of such, the writ petition also suffers from delay and laches.
6. Having heard learned counsel for the parties and after going through the record, as it appears, the writ petition suffers from delay and laches since the State petitioners have approached this Court after one year and 10 months of passing of the order by the Tribunal. Otherwise on merit also, it appears since the petitioner joined the service on DLR basis on 01.11.1981 and thereafter he was brought to the regular establishment on 02.03.2009 and while working as such, he retired on 30.11.2016. Since there was short fall of certain period to get the minimum pension, the Tribunal has taken note of the same and passed the order by directing the State-petitioners to release the minimum pension by calculating the short fall period from the service rendered by opposite party no.1 as DLR employee as per the OCS (Pension) Rules, 1992 by observing that such principle is no more res integra.
7. This Court does not find any error apparent on the face of the record so as to interfere with the same. Accordingly, the writ petition merits no consideration and the same stands dismissed.
Signature Not Verified (DR. B.R. SARANGI)Digitally Signed JUDGE Signed by: ARUN KUMAR MISHRA Designation: ADR-cum-Addl. Principal Secretary Reason: Authentication Arun Location: Orissa High Court, Cuttack Date: 24-Aug-2023 14:29:33 (M.S. RAMAN) JUDGE Page 2 of 2