Dhirendra Nath Singh vs State Of Odisha And Others

The challenge in the present appeal is to an order dated 10th January, 2023 passed by the learned Single Judge dismissing W.P.(C) No.36352 of 2022.

The said writ petition was the second round of litigation. Initially, the Appellant had approached the Odisha Administrative Tribunal (OAT) with an application questioning his reversion by orders dated 2nd  August, 2004 and 23rd July 2005 from the post of Junior Clerk to the post of Attender. The OAT had grated a status quo order. After abolition of the OAT, the case got transferred to this Court and was registered as WPC (OAC) No.1590 of 2005. On 21st December 2021, the said writ petition was disposed of by the learned Single Judge by the following order:

“This matter is taken up through hybrid mode.

Learned counsel for the petitioner states that he has no instructions, since it is an year old matter, therefore the writ petition may be disposed of granting liberty to the petitioner to approach the authority concerned if any cause of action still survives.

With liberty aforesaid, the writ petition stands disposed of.”

Thereafter the Appellant made a representation on 5th September 2022 to the Commissioner-cum-Principal Secretary, Department of School and Mass Education praying inter alia for regularization of his pension and for release of all his financial and retiral benefits, for which cause of action survived.

When this representation was not acted upon, the Appellant was constrained to file the second writ petition being W.P.(C) No.36352 of 2022 praying that he should be extended all consequential service and financial benefits in the post of Junior Clerk. In the impugned order dated 10th January 2023, while dismissing the aforementioned writ petition, the learned Single Judge has observed that since it was filed after a long lapse of 18 years, the writ petition suffers from delay and laches.

Given the above background where the Appellant had approached the OAT in 2005 itself, immediately after his reversion, and that writ petition after transfer to this Court was disposed of by the learned Single Judge only on 21st December 2021 following which the Appellant immediately made representation, it could not be said that the second petition filed by him was barred by delay and laches. It will be recalled that the Appellant had been granted leave by the learned Single Judge to pursue the matter if any cause of action survived and the plea regarding his retiral benefits was certainly a cause of action that survived.

For the aforementioned reasons, the impugned order is hereby set aside. The Appellant’s representation dated 5th September 2022 (Annexure-19 to the writ appeal) will now be considered by the Commissioner-cum-Principal Secretary, School and Mass Education Department and after notice to the Appellant and giving him a hearing on a date to be informed to him at least 10 days in advance, a reasoned order shall be passed not later than 1st July, 2023 and such order be communicated to the Appellant within a week thereafter. It is made clear that the Court has not expressed any view in the matter. If the Appellant is aggrieved by the said decision for any reason, it will be open to the Appellant to seek appropriate remedies in accordance with law.

The writ appeal is disposed of in the above terms. A copy of this order will be sent forthwith by the Registry to the Commissioner-cum-Principal Secretary, School and Mass Education Department for compliance.

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