IN THE HIGH COURT OF ORISSA, CUTTACK W.P.(C) No.17272 of 2016 (In the matter of an application under Articles 226 and 227 of the Constitution of India)

Capt. Dhiren Kumar Mohanty ....... Petitioner -Versus-

Union of India and others ....... Opposite Party Advocate for the parties For Petitioner : Mr. Subir Palit, Senior Advocate assisted by Mr. Tarun Patnaik, Advocate For Opposite Party No.1 : Mr. Dillip Kumar Sahoo, CGC For Opposite Party Nos.2 & 3 : Mr. Prasanna Kumar Nanda, Advocate For Opposite Party No.4 : None ----------------------------

CORAM: JUSTICE SANJAY KUMAR MISHRA ----------------------------

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Date of Judgment: 03.09.2025 ----------------------------------------------------------------------------------

S.K. Mishra, J

1. This writ petition has been preferred by the Petitioner assailing the letters dated 24/25.03.2015 (Annexure-25), 14.03.2016 (Annexure-32) and 02.05.2016 (Annexure-34) issued by the Opposite Party No.2, vide which the claim of the Petitioner for interest on delayed disbursal of terminal benefits stood rejected.

2. The factual matrix of the case as stated in the writ petition is that, the Petitioner, while working as Deputy Conservator in Paradip Port Trust, shortly hereinafter ‘PPT’, was issued with letter dated 02.04.2007 by the Ministry of Shipping, Road Transport & Highways, Government of India (Opposite Party No.1) vide which the Petitioner was appointed as Director (Marine Services), Ennore Port Ltd. in Schedule-C Scale of Rs.22,500-600- 27,300/- for a period of five years. It was indicated in the said communication that the detailed terms and conditions of his appointment will be issued separately in W.P.(C) No.17272 of 2016 Page 2 of 40 due course. Accordingly, the Petitioner was relieved from PPT on 30.04.2007 (Annexure-5) to join Ennore Port Trust.

2.1 Thereafter, the Petitioner, vide letter dated 22.05.2007 requested the Secretary, Ministry of Shipping-the Opposite Party No.1, to treat his appointment as Director (Marine Services), EPL on deputation basis so also requested before various authorities vide number of letters for acceptance of his contribution towards GPF by the PPT till the finalization of the terms and conditions of his appointment.

2.2 On 13.11.2007, the Accounts Officer, PPT, wrote to the DGM (Finance) so also Secretary, EPL indicating therein that it would not be possible to receive GPF contribution of the Petitioner. Accordingly, the amount sent towards GPF contribution was returned by the PPT.

2.3 The Opposite Party No.3 i.e. Chairman-cum- Managing Director, EPL, vide letter dated 14.05.2009 (Annexure-10), communicated to the Opposite Party No.1 W.P.(C) No.17272 of 2016 Page 3 of 40 that, while PPT, upon intervention by the Ministry, accepted the Petitioner’s GPF contributions, it refused to accept the leave salary and pensionary contributions sent by EPL for the financial year 2007-08, indicating therein that as per the DPE guidelines, the Petitioner, being on deputation, is entitled to keep lien in his parent department post for five years.

2.4 Subsequently, the Opposite Party No.1 vide letter dated 14.01.2010 instructed the Opposite Party No.2 to accept the Leave Salary and pension contribution and also to maintain an account at PPT. Thereafter, PPT issued office order dated 03.02.2011 vide which the pay of the Petitioner was fixed in the revised pay scale w.e.f.

01.01.2007.

2.5 While continuing as such, the Petitioner, vide letter dated 18.11.2011 was appointed as the Chairman and Managing Director of Dredging Corporation of India (DCI) by the Opposite Party No.1 with scale of Rs. 75,000- 90,000/- for five years. Subsequently, on 01.12.2011 the Petitioner tendered his technical resignation from the W.P.(C) No.17272 of 2016 Page 4 of 40 post of Deputy Conservator, Paradip Port Trust vide Annexure-15, requesting for settlement of pensionary dues and transfer of PF to DCI.

2.6 The Ministry finally