Rudra Kt. Mahanta v. Union of India and Ors

ORDER Date : 19.06.2023

Heard Mr. A. Dasgupta, the learned Senior Counsel assisted by Ms. B. Das, the learned counsel appearing on behalf of the Petitioner and Mr. J. Roy, the learned counsel appearing on behalf of the Respondent Nos. 2, 3 & 4. Mrs. A. Gayan, the learned C.G.C. appears for the Respondent No. 1.

¶2The instant writ petition has been filed challenging the order dated 13/12/2010, whereby the Respondent No. 2 had removed the name of the Petitioner from the Rolls of the Respondent No. 2-Corporation with immediate effect, however, by observing that the petitioner could apply for his provident fund and other dues, if any, which will be settled as per the Rules.

¶3The brief facts of the instant case is that the Petitioner was transferred from the Bokajan Cement Factory of the Respondent No. 2 –Corporation to its Tandur Unit vide an order dated 28/08/2008. Subsequent thereto the Petitioner was released on 30/08/2008 and was directed to report to the General Manager, Tandur Unit immediately. The Petitioner instead of reporting to the Tandur Unit of the Respondent No. 2 assailed the order of transfer dated 28/8/2008 before this Court unsuccessfully.

¶4It further reveals from the record that the Respondent No. 2-Corporation had given the Petitioner enough opportunities as could be seen from the Communications dated 18/10/2010 as well as 20/11/2010 so that the Petitioner joins the Tandur Unit of the Respondent No. 2-Corporation. It was also made clear in the said Communications that if the Petitioner failed to join the Tandur Unit of the Respondent No. 2-Corporation, it would be construed that the Petitioner had abandoned his services on his own. The Petitioner on one hand did not join the Tandur Unit of the Respondent No. 2-Corporation and on the other hand by the reply dated 4/12/2010 expressed that it is not possible for him to join at Tandur Unit. Accordingly, the order dated Page No.# 3/3 13/12/2010 was passed.

¶5This Court upon hearing the learned counsels had enquired with the learned counsel appearing on behalf of the Respondent No. 2 as to what benefits the Petitioner would be entitled to. Mr. J. Roy, the learned Senior Counsel appearing on behalf of the Respondent Nos. 2 to 4 submitted that the Respondent 2-Corporation does not have any pension. However, provident fund and other dues the Petitioner would be entitled to as has also been mentioned in the impugned order dated 13/12/2010.

¶6This Court after hearing the learned counsels and upon perusal of the materials on record is of the opinion that the Petitioner having abandoned his services by not joining the post at Tandur Unit of the Respondent No.2-Corporation in spite of the challenge to the transfer order being rejected by this Court, this Court is of the opinion that this is not a fit case for exercise of jurisdiction under Article 226 of the Constitution.

¶7Before concluding, this Court further finds it relevant to take note of the submission made by Mr. A. Dasgupta, the learned Sr. Counsel representing the Petitioner to the effect that although the impugned order was passed on 13/12/2010, a revised scale of pay was given from the year 2006 and as such, the Petitioner would be entitled to the same. The same being not part of the instant record, this Court would not like to comment on the same. However, the Petitioner would be at liberty to file appropriate application before the Respondent Authorities claiming such benefits to which the Petitioner is adviced to be entitled to and the Respondent Nos. 2 to 4 shall deal with such application, if so filed, in accordance with law.

¶8The petition accordingly stands dismissed save and except the observation made in paragraph 7 hereinabove. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010106582011 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1678/2011o RUDRAoKT.oMAHANTAo S/OoSRIoSIBAoKANTAoMAHANTAoR/OoCEMENToCORPORATIONoOFoINDIAo LTD.oCOLONY,oQR.oNO.o25oTYPE-2,oP.O.oBOKAJAN,oDIST.oKARBIoANGLONG,o ASSAM. VERSUSo UNIONoOFoINDIAoandoORS.o REP.oBYoTHEoSECY,oTOoTHEoGOVT.oOFoINDIA,oHEAVYoINDUSTRIESoANDo PUBLICoENTERPRISESoDEPARTMENT,oNEWoDELHI. 2:THEoCEMENToCORPORATIONoOFoINDIAoLTD. oCORE-oV-SEOPEoCOMPLEX o7-LODHIoROADoNEWoDELHI oREP.oBYoIT'SoCHAIRMANoandoMANAGINGoDIRECTOR 3:THEoGENERALoMANAGER oCEMENToCORPORATIONoOFoINDIAoLTD.oBOKAJANoUNIT. 4:DEPUTYoGENERALoMANAGER oPoandoA oCEMENToCORPORATIONoOFoINDIAoLTD oTANDURoCEMENToFACTORY-501158 oRANGAoREDDY oDIST.oANDHRAoPRADESHo AdvocateoforotheoPetitionerooooo:oMR.SoBORTHAKURo AdvocateoforotheoRespondento:oMR.JoROYoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH