Pramath Patnaik, J. - (1.) IN the aforesaid writ application, the petitioner has inter alia prayed for issuance of appropriate writs/directions commanding upon the respondents for the payment of all the retiral benefits and arrear admissible salary forthwith.
(2.) SANS details, facts as delineated and disclosed in the writ application in a nutshell is that the petitioner was engaged as a labour under the Commanding Officer, 84 Road Construction Coy, General Reserve Engineering Force (GREF), SEWAK. The petitioner was doing his labour work for Road Construction from December, 1988 till he was stopped from working in 2006 due to lack of fitness. The petitioner was issued a fresh identity Card bearing Code No. 275 Card No. 193 signed by respondent No. 6 vide dated 27.02.2004 as evident from Annexure -1 to the writ application. It has been averred in the writ application that due to adversarial Environment, the petitioner fell ill in the year 2006. After recuperating, the petitioner reported to the authority for resuming his work but the respondent examined his health and declared him unfit for work and did not allow him to join his duty. Being aggrieved the petitioner submitted representation on 14.05.2010 to respondent No. 6 vide Annexure -2 to the writ application. Since the said representation failed to evoke any response from the respondent authority, the petitioner has approached this Court invoking extra -ordinary jurisdiction under Article 226 of the Constitution of India for redressal of his grievances.
(3.) PER contra the respondent No. 3 has filed counter -affidavit controverting the averments made in the writ application. It has been stated in the counter -affidavit that as per the available records, the petitioner was recruited as a casual paid labour on 16th January, 2003 as per daily part -II No. 01/2003 dated 24 January, 2003 with allotted code No. 6224 and vide DO -II No. 03/2003 dated 21.02.2003 the petitioner was discharged on 10th February, 2003 again recruited on 11th February, 2003 with allotted new code No. 6969. During the course of duty w.e.f. 16th January, 2003 the petitioner was discharged on every six months being a break day and recruited after break day with allotted new code number every time till he was finally discharged on 17th May, 2005 with code No. 10810 vide DO -II No. 3/2005 dated 26th May, 2005. It has further been stated that during the course of duty w.e.f. 16th January, 2003 to 16th May, 2005 payment for the following period has been mentioned. "(a) Payment for the period from 21.10.2004 to 20.11.2004 amounting to Rs. 2160/ - has been deposited vide TR No. 3 dated 24.12.2004. (b) Payment for the period from 21.11.2004 to 20.12.2004 amounting to Rs. 1296/ - deposited vide TR No. 3 dated 16.01.2005. (c) Payment for the period from 21.04.2005 to 20.05.2005 amounting to Rs. 1656/ - deposited vide TR No. 1 dated 19.06.2005.";