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2014 Supreme(Ori) 491
HIGH COURT OF ORISSA
B.R. SARANGI, J.
Sri Nagendra Nath Mohapatra - Petitioner
Vrs
State of Orissa & Ors. - Opp. Parties
Case NO.1671 of 2001
Decided on : 22.4.2014
M/s. Ramakant Nayak, S.C. Balasamanta for Petitioner
Mr. Trilochan Rath, Addl. Standing Counsel, M/s. B.K. Sahoo, K.C. Sahoo & R. K. Sahoo for Opp. Parties
Headnote:1. CONSTITUTION OF INDIA, 1950 - Art. 12 - The definition of ’State’ is not confined to Governmental function and the legislature but extends to any action administrative (whether statutory or non-statutory), judicial or quasi-judicial, which may be brought within the fold of State action being the action, which violates fundamental rights - Detail stated.
It appears that prima facie protection against infraction of Article 14 is available only against the State and complaint of arbitrariness and denial of equality can therefore, be sustained against the society only if the society can be shown to be State for the purpose of Article 14. The ’State’ is defined in Article 12 to include inter alia the Government of India and the Government of each of the States and all local or other authorities within the territory of India or under the control of the Government of India and the question therefore is whether the Society can be said to be ’State’ within the meaning of this definition. Obviously the Society cannot be equated with the Government of India or the Government of any State nor can it be said to be a local authority and therefore, it must come within the expression of "other authorities" if it is to fall within the definition of ’State’. Therefore, the question is what are "other authorities" contemplated in the definition of ’State’ in Article 12. While considering this question, it is necessary to bear in mind that an authority falling within the expression "other authorities" is, by reason of its inclusion within the definition of ’State’ in Article 12, subject to the same constitutional limitations as the Government and is equally bound by the basic obligation to obey the constitutional mandate of the Fundamental Rights enshrined in Part III of the Constitution. (Para-10)
2. CONSTITUTION OF INDIA, 1950 - Arts. 12, 226 and 227 - Petitioners’ application seeking quashing the order of termination passed by Honorary Secretary, Utkal Gomangal Samiti, Orissa, Cuttack - Whether the Writ application as against Utkal Gomangal Samiti is maintainable or not ? - Whether the Samiti satisfies to become a ’State’ or an ’instrumentality of the State’ or other authorities" within the meaning of Art. 12 of the Constitution of India ? - Management of the Committee is dominated by the non-Government members - Under the Rules and Regulations, the State Government can neither issue any direction to the Samiti nor determine its policy as it is an autonomous body and as such the State has got no control at all in the functioning of the Samiti much less deep and pervasive one - Held, Samiti cannot be considered as an "instrumentality of the State" or "agency of the Government" and cannot be said to be ’authority’ - Thus it is not a ’State’ within the meaning of Art. 12 of the Constitution - Writ does not lie. (Paras - 18 to 20)
JUDGMENT:-
B.R. SARANGI, J.
The Petitioner has filed this application seeking to quash the order of termination dated 4.2.2001 passed by the Honorary Secretary, Utkal Gomangal Samiti, Orissa, Cuttack & to direct to allow him to continue in service till he attains the age of superannuation on 30.9.2002 & to pay reasonable compensation for the loss & damage caused to him due to mental agony.
2. The factual matrix of the case at hand is that Utkal Gomangal Samiti, hereinafter to be referred to as ‘Samiti’, in short, is a Society registered under the Societies Registration Act, 1860. The aims & objectives of the Society are to bring about all round development of livestock of the State. The Petitioner initially appointed as a Typist vide office order No.2538 dated 13.12.1965 & pursuant to such appointment order, he joined on 14.12.1965. He continued in the said post till 18.10.1966. Thereafter, he became Grade -II Assistant on 19.10.1966 & continued up to 30.12.1977. On getting promotion to Grade I Assistant on 31.12.1977, he continued in the said post till 04.05.1987. He was promoted to the post of Level-II S.O. on 5.5.1987 & continued as such till 24.03.1998 & finally promoted to the post of Level-I S.O. on 25.3.1998 & continued up to 25.03.1999. Though he was entitled to be considered for promotion to the next higher post, i.e. Personal Asst,/Establishment Officer, but he was reverted back to Level-II S.O. by withdrawing the order of promotion dated 25.3.1998 vide order No.3217 dated 20.03.1999, basing upon which he was continued as Level-II S.O. from 26.3.1999 to 05.03.2001. It is stated that the Rules & Regulations applicable to the State Govt. employees have also been applied in the case of the staff of the Samiti read with Rule 10 of the Rules & Regulations of the Samiti. The said Rule of the Samiti states that the services of the employees of the Samiti shall be up to completion of 60 years of age & no pensionary benefits shall be allowed. Therefore, the Petitioner is to retire from service on attaining the age of superannuation on 30.9.2002. Therefore, it is stated that the impugned order passed by the authorities terminating his services with effect from 5.3.2001 is absolutely a misconceived one & therefore, he seeks for interference of this Court.
3. Opp. Parties 2 & 3.have filed their counter affidavit raising preliminary question with regard to the maintainability of the writ application & have stated that due to closure of certain units, there is abolition of the post, consequence thereof, the Petitioner's services have been terminated as the financial position of the Samiti could not permit to allow continuance of the Petitioner in service. It is further stated that the Samiti is a registered Society under the Societies. Registration Act & the aims & objectives of the Society are to develop livestock through up-gradation of local indigenous funds by providing improved Bulls, Cows & Buffaloes & preparation of different kinds of feeder & cattle feeds & also to do relief works. It is covered by the Rules & Regulations framed by the Board of Directors in the general body meeting & the entire administration, control & management & all police discussions are vested with the Board of Directors consisting of 13 members out of which three are from Government by way of their designation. The Director of Animal Husbandry & Veterinary Services is the ex-officio Honorary Secretary, the Technical Officer of Veterinary Department is the Joint Honorary Secretary & the Secretary to Govt. of Orissa in-charge of Animal Husbandry Department is the member. Except the above three Govt. officials, the other ten Directors representing the Board of Directors are private/ non - Govt. members. Therefore, the Samiti is neither controlled by the Government nor discharging any governmental function. It is further stated that the Samiti is neither a Corporation nor their exists deep & pervasive State control. The financial structure of the Samiti is
