Point of Law : Estoppel - estoppel has been defined to mean a bar that prevents one from asserting a claim or right that contradicts what one has said or done before or what has been legally established as true.

JUDGMENT :

B.R. Sarangi, J.

The petitioner, while working as Attendant (Class-IV) under the Medical Officer, Community Health Centre, Bankoi, Khurda, has filed this writ petition seeking to quash the letter dated 29.11.2013 under Annexure-6 issued by Finance Department, Government of Odisha, clarifying the applicability of New Pension Scheme in case of contractual employees appointed prior to 01.01.2005 and brought over to regular establishment after that date; as well as order no.3331 dated 12.01.2015 under Annexure-7 issued by the office of opposite party no.3-Principal Accountant General (A&E), Odisha cancelling the GPF accounts numbers in respect of those employees working on contractual basis prior to 01.01.2005 and regularized after 01.01.2005 and directing to stop GPF deduction of such employees and forward the concerned FP application for settlement; and further to issue direction to the opposite parties to deduct the GPF from his salary as per OCS (Pension) Rules, 1992 and G.P.F. (Orissa) Rules, 1938 and not to cancel the GPF account number allotted in his favour.

2. The factual matrix of the case, in brief, is that the petitioner was initially engaged as Attendant (Class-IV) under the Medical Officer, Community Health Centre (CHC), Bankoi, Khurda, pursuant to order dated 26.03.1999 under Annexure-1 for a period of 44 days purely on temporary basis, and the same was extended from time to time. Claiming regularization of his service, the petitioner filed O.A. No.1246(C) of 2001 before the Odisha Administrative Tribunal, Cuttack Bench, Cuttack, which has been disposed of, along with batch of cases, vide order dated 16.04.2012 with the following direction :-

“8. In view of the submissions advanced by the learned counsel for the applicants and the learned standing counsel these O.As are disposed of with a direction to the respondents to examine the case of each of the applicants on individual basis keeping in view the decisions cited above. The respondents are further directed to prepare a list of those candidates on the basis of their seniority in cases covered under the said decisions and take up the regularization of only those candidates as per term and seniority, if they are still continuing in service. The respondents are directed to complete the process and issue appropriate orders in the matter within a period of three months from the date of receipt of a copy of this order till the process is completed the applicants shall not be removed from service.”

2.1. In pursuance of such order of the tribunal, the CDMO, Khurda, vide letter dated 18.06.2012 sought clarification from opposite party no.1 as well as opposite party no.4. Consequentially, opposite party no.1 referred the matter to the Administrative Department as well as Law Department for examination and after obtaining the views, opposite party no.1, vide order dated 05.12.2012, directed the CDMO, Khurda to comply with the order dated 16.04.2012 passed by the Tribunal in O.A. No. 1246(C) of 2001. On receipt of the said letter, the CDMO, constituted a selection committee, vide office order dated 10.12.2012. The selection committee considered the case of the petitioner and keeping in view the decision of the apex Court, the seniority of the petitioner as well as the period of service rendered by him, recommended his name for regularization of his service against regular Class IV post. Consequently, on the basis of the recommendation made by the selection committee, the CDMO, Khurda issued regular appointment order in favour of the petitioner on 12.12.2012. The relevant portion of the said appointment order reads as follows :

“In view of orders of Hon’ble O.A.T. & instruction of Govt. issued thereon Udaynath Rout who is continuing as Attendant on 44 days basis at PHC (N) Manibandha under CHC Bankoi is hereby appointment on regular basis as Attendant in the scale of pay Rs.S-1, Rs.4750-14680/- with G.P. Rs.1500/- as well as d.a. as may be sanctioned by Govt. from time t