CUTTACK: The Orissa High Court has directed the state government to grant pension and all retirement benefits to Surendra Prasad Mohanty, a retired municipal employee who served continuously for over two decades in posts described by the authorities as ad hoc or schematic in nature.
Delivering the judgment recently, Justice RK Pattanaik observed that denying pensionary benefits after extracting long years of service from an employee would amount to a travesty of justice. Mohanty, who retired on October 31, 2011, after superannuation had approached the court seeking release of pension, gratuity and other retirement benefits. He was initially appointed as an Octroi Tax inspector under the Basudevpur Notified Area Council (now municipality) through an appointment order dated July 2, 1987.
Justice Pattanaik noted that Mohanty’s appointment was made against a sanctioned post and he continued in service even after the abolition of the Octroi Establishment in 1999. Referring to government instructions issued on November 20, 1999, the judge said all Octroi.
staff were required to be engaged in alternative work and Mohanty was accordingly retained by the municipality.
During his tenure, Mohanty discharged several important responsibilities, including functioning as 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. Advocate JK Lenka argued on behalf of Mohanty.
“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,” the judgment said.
The court strongly criticised prolonged ad hoc employment practices in public administration. The Judge further held that Mohanty belonged to the Local Fund Service cadre and was entitled to pension and gratuity under Rule 47 of the Odisha Local Fund Service (Pension) Rules, 1980.
Accordingly, Justice Pattanaik directed the state government to sanction pension and all retirement benefits with effect from July 2, 1987, the date of his initial engagement as Octroi Tax inspector.
