ORIGINAL JURISDICTION - Orissa High Court

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JADUMANI ROUT -V- M.D.,OSS.CORPN. LTD. [B.N.MAHAPATRA,J.] These two notings clearly show that three-month’s retirement notice was drafted and put up for approval on 15.09.2001. Thereafter, there was no need to discuss the matter with M.D. further for the purpose of taking a decision with regard to compulsory retirement of Shri Rout on giving reference to order at page 180/C to 180E/C. The matter can also be considered from another angle. If the three different notings of 15.09.2001 excluding the noting “Discussed with M.D. with reference to order at page 180/C to 180E/C” are read together, the sequence is maintained. When the above two lines are inserted the sequence breaks. Our impression is further strengthened from the following facts:- (i) The stand of the opposite party is that the Managing Director before taking a decision not to allow the petitioner to continue beyond 58 years made assessment of the performance of the petitioner. Keeping in view the resolution dated 6.6.1998 of the Government of Orissa a comparative assessment of performance of the petitioner was made and was placed before the Managing Director for consideration. On consideration of the same, the Managing Director found the efficiency of the petitioner to have been impaired. Thereafter the notice of retirement dated 15.9.2001 was issued to the petitioner. Subsequently, on 22.9.2001 the Board of Directors in its 87 th meeting considered the matter and approved the decision of the managing Director. But the said proceeding of the 87 th Meeting of the Board of Directors dated 22.09.2001 does not support this contention of the opposite parties. At this juncture for better appreciation, the proceeding of the said meeting contained in pages 224-225 of the original record are extracted below. Page- 224 “ORISSA STATE SEEDS CORPORATION LIMITED (87 th Board meeting) Item No.8. CONTINUANCE OF SHRI JADUMANI ROUT, SUPERVISOR BEYOND ATTAINING THE AGE OF SUPERANNUATION OF 58 YEARS. Shri jaduani Rout was initially working in this corporation as Senior Operator since 27.08.84 on deputation basis from the Directorate of Horticulture, Orissa, Bhubaneswar. Later on, in pursuance of the decision taken by the board in their 65 th Meeting held on 18.07.95 and in pursuance of Order No.ID NG(I+3)I/85- 3/1179/Hort.Dt.16.02.96 of the Director of Horticulture, Sri Roiut has been permanently absorbed in the services of the Orissa State Seeds Corporation Ltd. with effect from 08.10.96 vide Order No.7846 dt 08.10.96 as Supervisor in the scale of pay of Rs.1600-50-2300-EB-60-2660/-. Now being the date of birth of Sri Rout is 03.11.1943, he is due to be retired from the services of the OSSC Ltd. on 30.11.2001 on attaining the age of superannuation of 58 years. 68
INDIAN LAW REPORTS, CUTTACK SERIES [2010] As per the Service Rules, 1998 approved by the board of Directors in their 43 rd Meeting held on 25.06.88 “an employee may be retired from the services of the Corporation after reaching an age of 58 years in giving him 3(three) months notice in writing in case his efficiency is found by the board to have been impaired subject to this an employee shall retire on completion of 60 years. The Notice for retirement has already been served on Shri Jadumani Rout. Page- 225 “EXTRACT OF THE MINUTES OF THE 87 TH MEETING OF THE BOARD OF DIRECTORS OF O.S.S.C. LIMITED HELD ON 22.09.2001 xx xx xx Item No.8. CONTINUANCE OF SRI JADUMANI ROUT, SUPERVISOR BEYOND ATTAINING THE AGE OF SUPERANNUATION After due deliberation, the notice served on Sri Jadumani Rout, Supervisor for retirement from Corporation service on attaining the age of superannuation of 58 years on 30.11.2001(A.N.) was approved by the Board. xx xx xx xx xx Sd/- Alka Panda,IAS CHAIRPERSON” In the above extracted two pages neither any reference is made with regard to Managing Director’s consideration of the performance of the petitioner nor consideration of the comparative CCR/performance of the petitioner prepared keeping in view the Resolution dated 6.6.1998 issued by the Government of Orissa, even though such a consideration of the Managing Director has been claimed to have been made on 15.9.2001. This clearly indicates that when the matter relating to retirement of Sri Rout was placed before the Board on 22.09.2001 for approval, no decision was taken by the M.D. on the basis of study of the performance of the petitioner with reference to page 180C to 180E/C, as claimed. Had there been any such decision of the M.D. and existence of page 180/C to 180E/C containing the comparative analysis of petitioner’s performance, the same must have been placed before the Board on 22.09.2001 and reflected in the resolution. Further, the entry in the petitioner’s character roll for the year 2000- 2001 reflects the grading of the petitioner as ‘very good’ on 04.05.2001. Thereafter, in the month of August 2001, recommendation has been made in office note for continuance of the petitioner in service beyond 58 years and this continued till 14.09.2001 to meet the shortage of staff strength and to utilize the long service experience of the petitioner for the benefit of the Corporation. During these periods, the Company Secretary all along remained silent, but all of a sudden on 15.09.2001, he woke up and 69
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123 already quoted and the aforesai
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2010 ( I ) ILR-CUT- 382 B.P.RAY,J.
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2010 ( I ) ILR-CUT- 386 B.P.RAY, J.
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133 testimony of the victim in a ca
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135 relationship of the appellant w
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137 Officer,Bangalore). 3.AIR 1996
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139 restored, only to avoid the ord
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2010 ( I ) ILR-CUT- 396 141 B.K.PAT
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143 4.12.1997. The vehicle was insu
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145 vehicle and insurance policy tr
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147 place from the date of sale whe
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149 deemed to have issued to the in
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151 6. On an analysis of Sections 9
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153 the policy purports to cover in
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157 “….. The decision in the ca
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167 The Opposite parties 2 to 11 ar
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169 3. It is undisputed at this sta
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shall dispose of the application on
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ORIGINAL JURISDICTION - Orissa High Court

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