ORIGINAL JURISDICTION - Orissa High Court

11.40(1974) CLT.977 : (Sahadeb Patnaik -V- State of Orissa).
12.AIR 1954 SC 369 : (Shyamlal -V-State of Uttar Pradesh & Anr.).
For Petitioner - M/s.B.Routray, A.K.Baral, B.N.Satpathy, A.Panda,
D.Mohapatra & B.Singh.
For Opp.Parties – Mr.J.Pattnaik, Sr.Advocate
M/s.S.N.Sahu, U.C.Behura, J.Patnaik, A.A.Das,
B.Mohanty & T.K.Patnaik.
JADUMANI ROUT -V- M.D.,OSS.CORPN. LTD. [B.N.MAHAPATRA,J.]
*ORIGINAL JURISDICTION CASE NO.14002 OF 2001. In the matter of an
application under Articles 226 & 227 of the Constitution of India.
B.N.MAHAPATRA, J The writ petitioner calls in question the legality and
propriety of the notice dated 15.09.2001 (Annexure-10) issued by Opp. Party
No.2, Company Secretary, Orissa State Seeds Corporation Ltd.,
Bhubaneswar (for short ‘the Corporation’) calling upon him to retire from
service on superannuation with effect from 30.11.2001 at the age of 58 and
further prays to fix his scale of pay at Rs.1600-2660/- with four advance
increments and to grant him all consequential service benefits in terms of
his order of appointment as well as the Rules of the Corporation treating his
age of superannuation to be 60 years.
2. Bereft of unnecessary details the facts and circumstances giving rise to the
present writ petition are that the petitioner while continuing as Senior Operator
on deputation basis in the Corporation, the Board of Directors (for short, ‘the
Board’) of the Corporation on 18.7.1995 in the greater interest of the
Corporation decided to absorb him on permanent basis in the scale of pay of
Rs.1600-2660/- with four advance increments as per Annexure-6. Pursuant to
said decision of the Board, and order dated 16.2.1996 of the Director of
Horticulture, the petitioner was absorbed permanently in the Corporation with
the condition as per Annexure-7 that his services will be governed by the Rules
of the Corporation. On 15.9.2001, the Company Secretary issued a letter
(Annexure-10) to the petitioner stating therein that as per the O.S.S.C. Service
Rules, 1988 approved by the Board of Directors in their 43 rd meeting held on
25.6.1988 the petitioner was due to retire from the service on superannuation
with effect from 30.11.2001 A.N. at the age of 58, his date of birth being
03.11.1943. Hence, the writ petition.
3. Mr.B.Routray, learned counsel appearing on behalf of the
petitioner vehemently argued that the impugned notice under Annexure-10
asking the petitioner to retire from service on superannuation at the age of 58 is
not sustainable as the same has been issued contrary to the Service Rules of
the Corporation in vogue at the relevant time. According to Rule 7(iii) of the
Orissa State Seeds Corporation Service Rules, 1988 (for short ‘the Rules’), an
employee has to retire from service on superannuation at the age of 60 with an
exception that in case the efficiency of an employee is found by the Board to
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