Orissa High Court
Dr. Trinath Pati vs State Of Odisha And Others .... Opp. ... on 15 May, 2023
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.31499 of 2021
Dr. Trinath Pati .... Petitioner
Mr. Amit Pattnaik, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Saswat Das, AGA
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 15.05.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto.
3. The present writ petition has been filed by the Petitioner with the following prayers:-
"In view of the facts stated and submissins made above, the Petitioner most humbly prays that the Hon'ble Court may graciously be pleased to issue a writ in the nature of Writ of Mandamus or any other wirt/writs, order/orders, direction/directions quashing the order dated 23.05.2020 (ANNEXURE-6) and letter dated 25.05.2020 (ANNEXURE-7) passed by the Opp. Party No.3 in view of the corrigendum dted 03.12.2020 (ANNEXURE013) and letter dated 04.12.2020 (ANNEXURE-14) ISSUED BY THE Opp. Party No.1;
AND direction may be issued to the Opp. Party // 2 // No.3 to issue a fresh relieve order to the Petitioner as epr the corrigendum dated 03.12.2020 (ANNEXURE-
13) and letter dated 04012.2020 (ANNEXURE-14) issued by the Opp. Party No.1;
AND direction may be issued to the Opp. Party No.3 to treat the period from 03.02.2021 till date as in regular service at District Headquarter Hospital, Jharsuguda;
AND direction be issued to the Opp. Party No.3 to release the arrear salary from 02.06.2020 onwards."
4. It is submitted by Mr. Amit Pattnaik, learned counsel appearing for the Petitioner that while the Petitioner working as General Duty Medical Officer (GDMO) at DHH, Jharsuguda, Government of Odisha in Health and Welfare Department vide Order No.11835 dated 23.5.20220 transferred the Petitioner. On perusal of the order dated 23.05.2020, it appears that name fo the Petitioner finds place against Serial No.14 and he has been transferred to DHH, Rayagada and to join as Senior M.O. Group-A (SB), DHH, Rayagada. Accordingly, the Petitioner was relieved by the CDM & PHO, Jharsuguda vide order dated 25.05.2020 under Annexure-7 indicating such fact.
5. Learned counsel for the Petitioner further submitted that earlier the Petitioner has approached this Court by filing the writ petition bearing W.P.(C) No.17808 of 2020 challenging the order under Annexure-6 and 7 on the ground that although the Petitioner belongs to AD Level-II, but inadvertently it has been stated Group-A (SB) against the name of the Petitioner in both the orders under Annexure- 6 and 7. Accordingly, the writ petition, which was filed by the Petitioner, was disposed by a coordinate Bench of this Court vide order dated 4.9.2020 granting liberty to the Petitioner to file a representation before the Opposite Party No.1 with a direction to the // 3 // Opposite Party No.1 to consider the same in the light of the Government guidelines within three months.
6. Mr. Pattnaik, learned counsel for the Petitioner further submitted that pursuant to the order dated 04.09.2020 passed in the earlier writ petition, the Petitioner approached the Opposite Party No.1 by filing a representation. The Opposite Party No.1 vide order dated 2820 dated 04.12.2020 disposed of the representation of the Petitioner specifically indicating that the rank of the Petitioner in the above noted transfer order has been inadvertently mentioned as Group-A (SB) whereas he has been promoted to the rank of AD Level-1I under DACP Scheme. Hence a Corrigendum has already issued to rectify the said mistakes on 03.12.2020, i.e., the date before the representation of the Petitioner was disposed of vide order dated 04.12.2022. It has also been stated in the said order dated 04.12.2020 that as per DACP Scheme Notification dated 08.03.2019, the promotion under DACP Scheme will be made without linage to vacancies and the Medical Officers on promotion under DACP Scheme can be posted against any vacant post irrespective of rank. Accordingly, the representation of the Petitioner was disposed of holding that the Petitioner has not been demoted to a lower rank rather he has been transferred from Jharsuguda and posted at DHH, Rayagada against a post of Group-A(SB), but he is in the rank of AD Level-II and the allegation of the Petitioner that he has been demoted is not the fact at all. Being aggrieved by the aforesaid order dated 04.12.2020, the Petitioner has approached this Court by filing the present writ petition.
7. Learned Additional Government Advocate appearing for the State-Opposite Parties, on the other hand, submitted that necessary // 4 // corrective measure has been taken and the Corrigendum has been issued on 03.12.2020 under Annexure-13 rectifying the inadvertent mistake. He further submitted that although the Petitioner has been transferred to a post of Group-A (SB), however, however, his rank is AD Level-II under DACP Scheme and, accordingly, he will get all financial and service benefits attached to the said rank. Therefore, learned Additional Government Advocate submitted that the Petitioner is no way prejudice. According, it is submitted that the present writ petition is devoid of merit and the same should be dismissed.
8. In reply to the submission made by the learned Additional Government Advocate appearing for the State-Opposite Parties, learned counsel for the Petitioner further contended that the Petitioner has been relieved vide order dated 25.05.2020 under Annexure-7 wherein it has been mentioned that he has been transferred to Rayagada as Senior MO Group-A (SB). Therefore, the same has not yet been amended. It is further submitted by the learned counsel for the Petitioner that a fresh relive order be issued in favour of the Petitioner by rectifying the aforesaid mistake in place of order dated 25.05.2020 under Annexure-7. In the event such fresh relieve order is issued, the Petitioner shall join at the place which he has been transferred by the Health & Family Welfare Department, Government of Odisha under Annexure-6 to the writ petition.
9. Considering the limited nature of grievance involved in the present writ petition and upon a careful consideration of the contention raised by the learned counsel for the respective parties, this Court deems it proper to dispose of the writ petition at the stage of admission by directing the Opposite Party No.3-CDM & PHO, // 5 // Jharsuguda to issue a fresh relieve order by carrying out the correction in view of the Corrigendum dated 03.12.2020 under Annexure-13 to the writ petition. Accordingly, the Petitioner be allowed to join pursuant to such amended relieve order within a period of four weeks from the date of communication of this order. With regard to payment of arrear salary or any other emoluments as due and admissible to the Petitioner, the Petitioner is given liberty to approach the competent authority by filing a representation indicating therein the amount outstanding and payable to the Petitioner. In the event such representation is filed, the authority concerned shall consider and disposed of the same in accordance with law by passing a speaking and reasoned order within a period of six weeks from the date of communication of this order.
10. With the aforesaid observation and direction, this writ petition stands disposed of.
( A.K. Mohapatra) Judge Debasis Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: PA Reason: Authentication Location: OHC CUTTACK Date: 18-May-2023 12:46:07