Employees retained on deputation are entitled to salary arrears through the age of 60, per government retirement policies, even if premature retirement occurred.

JUDGMENT :

BIRAJA PRASANNA SATAPATHY, J.

1. Heard learned counsel appearing for the parties.

2. The present Writ Petition has been filed inter alia with the following prayer:

It is, therefore, humbly prayed that this Hon’ble Court may graciously be pleased to:-

(i) Admit the writ petition;

(ii) Call for the records,

(iii) Issue RULE NISI calling upon the Opposite Parties to show cause as to why the letter/order bearing Ref No. 2596/OSBC/4068 dated 28.12.2020 passed by the opposite party no-2 under Annexure-14 shall not be quashed;

(iv) If the Opposite parties do not show cause or show insufficient cause issue a writ in the nature of Certiorari or any other appropriate writ/writs, order/orders, direction/directions thereby quashing the letter/order bearing Ref No. 2596/OSBC/4068 dated 28.12.2020 passed by the opposite party no-2 under Annexure-14.

(v) Issue a writ in the nature of Mandamus or any other appropriate writ/writs, order/orders, direction/ directions thereby directing the Opposite Parties to extend all the service benefits including the admitted arrear dues of the petitioner towards salary for the period from 01.04.2018 to 02.12.2019 within a reasonable time to be stipulated by this Hon’ble Court.vi) And, the Orissa State Beverages Corporation leave Limited may be directed to release all the post retirement benefits like gratuity, encashment, P.F dues etc forthwith to the petitioner as the petitioner has retired from Orissa State Beverages Corporation Limited recruitment benefits have been received from both the opposite parties; no vii) And, pass such other order/order, direction /directions as this Hon’ble Court may deem fit and proper.

And for this act of kindness, the petitioner as in duty bound.

3. It is contended that Petitioner while continuing as an employee under Opp. Party No.3, he along with some other employees working in Oil Odisha were Deputed to work in Orissa State Beverage Corporation Limited (in short “Corporation”) vide letter dt.12.10.2001 under Annexurre-1.

3.1. It is contended that though Petitioner along with similarly situated employees were on deputation for a period of 3(three) years basing on Annexure-1, but they were allowed to continue on deputation under the Corporation. Taking into account such continuance on deputation in the Corporation, when the employees so sent on deputation, raised a claim for their absorption in the Corporation before Opp. party No.3, Opp. Party No.2 vide letter dt.12.03.2010 under Annexure-2 was requested to take a decision on the same.

3.2. It is also contended that while so working on deputation in the Corporation, Government in the Department of Finance vide resolution dt.28.06.2014 under Annexure-3, enhanced the date of superannuation of State Government employees from 58 years to 60 years. Such decision taken by the Government was also accepted by the Government in the Co-operation Department vide communication dt.26.09.2014 under Annexure-4 and further order passed by the Registrar of Co-Operative Soceities on 29.09.2014 under Annexure-5.

3.3. It is contended that since Petitioner originally belongs to Oil Odisha Cooperative Federation, in view of the decision taken by the Government in the Cooperation Department on 26.09.2014, Petitioner became eligible and entitled to continue till attaining the age of 60 years.

3.4. Not only that, decision taken by the Government in the Co-operation Department in enhancing the retirement age of employees working in different Cooperative institutions from 58 years to 60 years, was also communicated to various authorities by the Registrar of Cooperative Societies, Orissa vide his order dt.29.09.2014 under An