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1997 DIGILAW 252 (ORI)

SATYABHAMA MOHATAB v. DISTRICT TRANSPORT MANAGER (ADMINISTRATION), O. S. R. T. C. BHADRAK

1997-09-15

P.C.NAIK, P.K.MOHANTY

body1997
JUDGMENT : P.C. Naik, J. - To say the least, this petition discloses a sorry state of affairs existing in the Orissa State Road Transport Corporation. The facts disclose that in the 50th year of Independence which is being celebrated with great pomp and ceremony there still exist people in our country who are required to come to Court for relief as the pension to which they are entitled for having put in many years of labor and the salary due to many for the services they are rendering, are not being paid to them. 2. The Petitioner is the widow of late Muralidhar Mohatab, Ex-cleaner of O.S.R.T.C. Bhadrak. She had filed O.J.C. No. 8441 of 1995 praying for issuance of an appropriate writ, direction or order to the opp. parties i. e. District Transport Manager (Administration), Bhadrak and the Chairman-cum-Managing Director, O.S.R.T.C., Cuttack, opp. parties 1 and 2 respectively, to pay her the amount due to her late husband on account of incremental pay as per the order dated 17-1-94, Annexure-3 and the family pension to which she is entitled on the death of her husband. 3. The said writ petition was disposed of by order dated 9-1-96 with a direction to the opp. parties to take immediate steps to pay the Petitioner the amount due to her husband as incremental pay and to calculate the amount of family pension of the Petitioner and to pay the arrears within three months from the date of that order. 4. A representation dated 11-11-96 was addressed to the Hon'ble Chief Justice complaining that she had not been paid any family pension nor was the amount due towards the leave pay, gratuity and revised arrear paid to her. This representation was taken on record and a notice was issued to the opp. parties who entered appearance and stated that due to want of funds it was not possible to pay the amount due to the Petitioner. On a query being raised, we are informed that in fact the pension and post-retirement benefit could not be paid to the employees as there were no funds with the O.S.R.T.C.. parties who entered appearance and stated that due to want of funds it was not possible to pay the amount due to the Petitioner. On a query being raised, we are informed that in fact the pension and post-retirement benefit could not be paid to the employees as there were no funds with the O.S.R.T.C.. On this fact coming to our notice, we directed the State Counsel to take notice of the application and file an affidavit of the Secretary (Transport) to ascertain as to whether or not any action was being taken by the State Government to give relief to the ex-employees and employees of the O.S.R.T.C.. From time to time matter was adjourned on the request of the State Counsel as instructions from the Transport Department were not forthcoming. However, ultimately an affidavit of the Under Secretary was filed and was taken on record. It is averred that a sum of Rs. 2.85 crores was advanced by the State Government to the O.S.R. T.C. out of which 50 lacs was specifically earmarked for clearing up the arrears of pension and later, on 15-5-97 a further sum of Rs. 1 crore was sanctioned by the Government out of which Rs. 15 lacs was to be utilized by the Corporation for clearing the pensioner dues. It is, therefore, contended by the State counsel that as the State had advanced the money, there seems no reason as to why the Corporation did not clear up the outstanding dues of the Petitioner and other employees/ ex-employees. 5. On the face of it, the affidavit filed on behalf of the Government discloses a very rosy picture, but on a further query being made, it has come to light that this money was initially advanced by the Government by way of loan to the Corporation with interest at the rate of 15% per annum and in default, at the rate of 18% per annum. We are really not able to appreciate the logic of such advance. When the Corporation is 'On Oxygen' and unable to meet not only its liability towards pension of the old employees, but also the salary of the employees, one does not understand how the Corporation will pay the interest at the rate of 15 per cent or 18 per cent per annum, as the case may be, when it has no funds. The fact that it is unable to pay its employees indicates that the Corporation is not having sufficient income to meet its liability and if it is the case, one fails to understand from where it will get money to pay interest and repay the loan. On being asked, the learned Counsel for the Corporation fairly stated that with the current state of affairs, the Corporation is not in a position to meet its liability. We are further informed that arrears of pension up to September, 1996 have been paid to all ex-employees. The Petitioner who is the widow of an ex-cleaner has been paid a sum of Rs. 8,236.50 towards arrears of pension due to her. But it is stated that pension due to the ex-employees has not been paid from October, 1996 onwards i.e. they are going without their pension since last one year. We are further informed that the Corporation has also not been able to pay the salary to its employees on its pay roll for want of funds. These disclose an alarming situation and we fail to understand as to why the State Government has not cared to look into the sorry Vol. 87 ]state of affairs existing in the Corporation: As the hierarchy in the Corporation consists of high Government officials on deputation. we feel it was their duty to, have taken up the matter with the State Government and suggested remedial measures. Nationalization of routes was with the object of providing efficient service to public, but we are informed that after nationalization, many routes are still not being operated and buses are being plied by private operators on temporary permits on some routes for about last 15 to 20 years, and non-operation on the nationalized routes seems to be the root cause of the milady. 6. Considering the fact that pension has not been paid to the ex-employees for last one year and the regular employees are going without. any salary, we feel it necessary to direct the Government to take appropriate measures to appoint a High Power Committee to look into the affairs of the Corporation and suggest ways and means as to how best the condition of the Corporation can be improved so that ex-employees do not go without pension and the existing staff without their salary. any salary, we feel it necessary to direct the Government to take appropriate measures to appoint a High Power Committee to look into the affairs of the Corporation and suggest ways and means as to how best the condition of the Corporation can be improved so that ex-employees do not go without pension and the existing staff without their salary. The Committee so constituted shall submit its report to the Government within six months so that the Government can take appropriate steps, as may be necessary, for smooth functioning of the Corporation. Let a copy of our order be sent to the Chief Secretary to Government of Orissa, Bhubaneswar for information and necessary action. With aforesaid observations and directions the representation is disposed of. P.K. Mohanty, J. I agree. Petition disposed of.