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2014 Supreme(Ori) 215

HIGH COURT OF ORISSA, CUTTACK
B.R. SARANGI, J.
Akhilanath Sahoo – Petitioner
Versus
Joint General Manager, OSFC and Others – Opposite Parties
O.J.C. No. 8894 of 2000
Decided On : 07.08.2014

Advocates Appeared:
For Petitioner: M/s. N.C. Panigrahi & associates.
For Opposite Parties: M/s. C.A. Rao & associates.

Headnote:CONSTITUTION OF INDIA, 1950 - Arts. 226 and 227 - Petitioner working as a Security Assistant - Retrenched - On flimsy ground order has been passed depriving the petitioner of his legitimate claim to continue in service accrued to him persuant to order passed by High Court in the earlier writ application - Held, since the petitioner was deprived of discharging his duties due to the wrong act of the Corporation, the impugned letter having been quashed, the petitioner is entitled to get the consequential service benefits as if continuing in service with all back wages - Direction issued.

JUDGMENT

B.R. Sarangi, J.

1. The petitioner, who is working as a Security Assistant under the Orissa State Financial Corporation, has filed this application seeking the following reliefs:

“(i) Admit the writ application.

(ii) Call for records.

(iii) Issue rule NISI calling upon the opposite parties to show cause as to why the impugned order dated 6.9.2000 under Annexure-15 and 15/A issued by the opposite party no.1 to the opposite party no.3 shall not be quashed for the grounds and averments made in the writ application.

If the opposite parties do not show cause or show insufficient cause, the impugned order of the opposite party no.1 dated 6.9.2000 under Annexure-15 and 15/A be quashed by issuing a writ in the nature of certiorari or any other appropriate writ/writs.

(iv) Further, be pleased to issue a writ of mandamus or any other appropriate writ/ writs directing the opposite parties to confirm the joining of the petitioner and to release his salary within a stipulated time to be fixed by this Hon’ble Court.

(v) Further, be pleased to direct any independent agency to enquire into the matter against the action of the opposite party no.1 and after getting enquiry report to take appropriate action against them and the signature of the opposite party no.1 be sent to any hand writing expert with regard to genuineness of the signature of the opposite party no.1 and after getting the report if it is found that it is the signature of the opposite party no.1, then appropriate action as deemed fit and proper be taken against the opposite party no.1 for causing hardship to the petitioner in this manner and misutilising his position as a public officer.

(vi) Further be pleased to pass any other appropriate order/orders, direction/directions, writ/ writs as this Hon’ble Court deemed fit and proper for the ends of justice.”

2. The short facts of the case in hand are that the Orissa State Financial Corporation, in short, the Corporation, is a body Corporate engaged in augmenting the industrial activities of the State by providing financial assistance to the individual entrepreneurs/ firms/institutions etc. under Section 29 of the State Financial Corporation Act, in short, the Act. For that purpose the Corporation has to recruit Security Assistants for watch and ward duty to protect the articles from theft and destruction. The petitioner, being a Matriculate applied for appointment as Security Assistant, which being considered he was engaged as a Security Assistant on 27.2.1980 on daily wage basis for watch and ward duty along with many others. He having been retrenched from service on 1.8.1989 without following due procedure of law, challenging the order of retrenchment, he filed O.J.C. No. 529 of 1990 before this Court, which was disposed of on 12.1.1996. Other similarly situated retrenched employees also filed O.J.C. No. 3833 of 1989. In O.J.C. No. 3833 of 1989, this Court appointed a Committee headed by Justice V. Gopalaswamy (Retd.) as Chairman to enquire into the matter and report with regard to the work load of the organization and the requirement of employees. The Committee submitted its report suggesting engagement of 241 employees for watch and ward duty in respect of the industrial units of the Corporation. On receipt of such report of the Committee, this Court disposed of the said writ application on 20.7.1999 directing the Corporation to re-engage 241 employees in phased manner and to pay a sum of Rs.2500/- as compensation to each of the employees. In the list of candidates under Annexure-1, the petitioner’s name found place at Sl. No. 86, but subsequently another list of daily wage employees was also submitted by the counsel for the Corporation. In the said list under Annexure-1/A, the petitioner’s name found place at Sl. No. 74. Accordingly, the petitioner was asked to furnish the necessary data, such as, date of birth, educational qualification before the Deputy Manager of the Corporation on 26.4.1992 vide Annexure-2, which wa
































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