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2015 Supreme(Ori) 111
HIGH COURT OF ORISSA: CUTTACK
B.R. SARANGI, J.
Karunakar Khandapani - Petitioner
versus
State of Orissa and others - Opp. Parties
OJC No. 6272 OF 1994
Decided On : 03.04.2015
Advocate Appeared:
For Petitioners: M/s. C.A. Rao, S.K. Purohit, S.K. Behera, P.K. Sahoo.
For Opp.Parties:Addl. Government Advocate.
Headnote:1. SERVICE - Petitioner was selected and appointed as Field Assistant - He joined and continued in service and was discharging his duties - Services of petitioner terminated - Writ - Whether the termination of services of the petitioner in absence of giving an opportunity of being heard is valid or justified - Discussing the facts, contention and ratio of law laid down by apex Court held, petitioner has been terminated without following due procedure of law and without complying the principle of natural justice - Order of termination cannot be sustained as the same has not been done complying the principles of natural justice and accordingly the same was quashed and the petitioner is deemed to be continuing in service - Petitioner has been deprived of discharging his duties not because of his own fault but because of the fault of the employer, he is entitled to get consequential benefit in accordance with law - Direction issued.
2. CONSTITUTION OF INDIA, 1950 - Articles 14 & 16 - Petitioner selected and appointed, subsequently service terminated - Writ Even if in the appointment of the petitioner, the authorities found some illegalities or irregularities, then he could have been relegated to his position to continue on NMR basis - Instead of doing that, terminating his services without following due procedure of law, such recourse is contrary to the provisions of law - Termination order passed by the authority is not justified and cannot be sustained in the touchstone of reasonableness and non-arbitrariness.
JUDGMENT :
Dr. B.R.Sarangi, J.
The petitioner, who was working as Field Assistant under the Dangaria Kandho Development Agency, a Government of Orissa undertaking, has filed this application challenging the order of termination dated 12.03.1993 under Annexure-8 and seeking for a direction to pay all the financial benefit as due and admissible to him in accordance with law.
2. The short fact of the case, in hand, is that the Dangaria Kandho Development Agency is a Government of Orissa undertaking under the direct control and supervision of the Integrated Tribal Development Agency, which is a Government of Orissa undertaking dedicated to the service of the Schedule Tribe people’s development in respect of Agriculture and Horticulture. The petitioner being a Matriculate belonging to Scheduled Caste and having requisite qualification and experience, was engaged on daily wage basis as mate since 1985. Thereafter, he was appointed as a Field Assistant on 1st July, 1988 under the Dangaria Kandho Development Agency, Parsal in K. Singhpur Block, vide Annexure-1. Feeling the necessity of a second Field Assistant, a clarification was sought from the Government vide letter dated 19.11.1989 in Annexure-2. Accordingly, the State Government vide letter dated 22.12.1989 in Annexure-3 clarified that the Chairman, Dangaria Kandho Development Agency, Parsali is the appointing authority for direct appointees like Field Assistants. After obtaining necessary instruction and clarification, the matter was passed in the agenda notes for the Governing Body meeting held on 13.09.1990, pursuant to which the Governing Body resolved to create a post of Field Assistant. A selection Board was formed for the purpose of appointing a regular Field Assistant. A number of candidates were interviewed on 07.04.1991 in which the petitioner being the most suitable, was selected and appointed as a regular Field Assistant w.e.f. 13.08.1991 in the time scale of Rs. 950-1500/- per month, vide Annexure-4. The Governing Body, for the creation of the second post of Field Assistant, wrote to opposite party no.3, pursuant to which the State Govt. replied that the Governing Body is competent enough either to create/delete a post. Therefore, the selection and appointment was made by the Dangaria Kandho Development Agency for giving regular appointment to the petitioner, pursuant to which the petitioner joined in the post and was receiving salary in the time Scale of pay prescribed for the post till August, 1992. After joining of a new Special Officer, the petitioner was not given regular salary since the month of September. 1992 and when he approached the opposite party no.4 on 15.10.1992 requesting for his salary as he was getting earlier, he was informed that he shall be paid at the rate of his basic pay of Rs.950/- only after clearance from the Government regarding his appointment in the post of Field Assistant. Thereafter, when his salary was not paid till November, 1992, he again approached the opposite party no.4 who advised him to give his complaint in writing. So, the petitioner represented to opposite party no.4 on 23.11.1992 stating that due to non-payment of salary since last two months, he was not able to purchase daily domestic articles for his food and essential medicines so badly needed for his seriously ailing wife. Finally, the opposite party no.4 told the petitioner on 07.02.1993 that his services have been terminated w.e.f. September, 1992 as per the resolution of Governing Body dated 30.12.1992. As per the said resolution, the petitioner may receive the salary at Rs.750/- per month on daily wage basis starting from September, 1992 till date. The said amount has also not been paid to the petitioner. Therefore, due to non-payment of salary and disallowing to work, the petitioner filed a writ petition bearing O.J.C No. 1429 of 1993. In course of hearing on 27.08.1994, it was disclosed that the services of the petitioner had been terminated w.e.f. 12.03.1993 bu
