Orissa high court pulls up state govt, orders pension for municipal employee who retired 15 years back

CUTTACK: In a significant ruling against prolonged ad hoc employment in public administration, the Orissa high court has directed the State government to grant pension and other retiral benefits to a retired municipal employee who served continuously for nearly 24 years before superannuation in 2011.Justice R K Pattanaik passed the order recently while considering a petition filed by Surendra Prasad Mohanty, a former employee of Basudevpur Notified Area Council (now Municipality), who had sought release of pension, gratuity and other retiral dues.Expressing displeasure over the denial of pensionary benefits despite such long service, Justice Pattanaik observed: “Someone having rendered service in a sanctioned post from 1990 and onwards and thereafter continued to serve the Municipality and the Government from 1999 till retirement in 2011, according to the Court, denying any such demand for pension and pensionary benefits would be a travesty of justice.”Accordingly, Justice Pattanaik directed the state government to sanction pension and all retiral benefits to Mohanty with effect from July 2, 1987, preferably within eight weeks from receipt of the order issued on May 1. Advocate J K Lenka argued on Mohanty’s behalf.Justice Pattanaik held that Mohanty’s initial appointment, even if irregular, could not be termed illegal since it was against a sanctioned post and followed a selection process. The Judge further ruled that as a member of the Local Fund Service cadre, Mohanty was entitled to pension and gratuity under Rule 47 of the Odisha Local Fund Service (Pension) Rules, 1980.Mohanty was appointed as Octroi Tax Inspector on July 2, 1987, against a sanctioned post following a selection process. Though the Octroi Establishment was abolished in 1999, he continued in service under directions of the housing and urban development department, which had instructed that octroi staff be adjusted in other works.The court noted that Mohanty was entrusted with several important assignments during his service tenure, including Additional Charge Officer for Census Operations, 2001, EVM Sealing Officer during the 2009 general elections, Public Information Officer under the RTI Act for nearly five years and Executive Officer in-charge of the municipality on two occasions.Justice Pattanaik also made strong observations against the practice of continuing employees on temporary or ad hoc arrangements for years without regularising their services.“Any such practice of engaging someone on an ad hoc basis or temporarily over a longer period of time without recognizing the services rendered is nothing but an act of extraction of labour that corrodes the confidence in public administration and offends the promise of equal protection,” the Justice Pattanaik remarked.