NEW DELHI: MORE than 30 years after a police constable of Odisha was discharged from service in 1995, the Supreme Court has come to his rescue and directed the state government to pay him Rs 25 lakh as full and final payment.
The constable, Dolamani Bisi, is now about 55 years of age. The apex court was surprised to see and note how Bisi had to run from pillar to post to get justice as almost three decades had passed during the entire process.
“We are of the opinion that the interest of justice will be subserved if we grant substantial compensation to the respondent (Bisi). We direct the petitioner (Odisha government) to pay an amount of Rs 25,00,000 to the respondent as full and final payment towards all subsisting and future claims that may arise,” the two-judge bench of the apex court, led by Justice PS Narasimha and Justice Manoj Misra said in the order.
Bisi is now a happy man. “Good things happened with the poor man, Dolamani Bisi. Justice finally prevails, indeed. Although after more than 30 years,” Bisi’s lawyer and Supreme Court advocate-on-record (AOR), Dr Kedar Nath Tripathy, told this newspaper.
As per the case, Bisi was appointed as a temporary constable on July 16, 1993. It was mentioned that his appointment would be subject to verification of his character and other antecedents. He joined the service on March 15, 1994. On further scrutiny, it was found he was short of the specified height which led to his discharge from service, after serving for around 10 months, in 1995.
The apex court also, in its order, said one stark fact is that he has been out of service from May 31, 1995 till date which is almost more than three decades. In view of the matter, it will not be proper to direct his reinstatement. At the same time, the court helped Bisi and directed Odisha government to pay Rs 25 lakh as full and final payment.
The SC further said the order should not be taken as a precedent as the decision is taken on the basis of facts and circumstances of the case.
The top court, in its order, noted that the original application filed by Bisi was initially dismissed by the State Administrative Tribunal (SAT) but the Orissa High Court allowed his writ petition on October 9, 2020 when it directed the state government to reinstate him in the job. This was subsequently challenged by the Odisha government by way of a special leave petition (SLP) in the apex court.