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Judgment
This matter is taken up through Hybrid mode.
National Institute of Technology (NIT), Rourkela has filed the present intra-Court appeal against an interim order passed by a learned Single Judge of this Court dated 23.04.2024 in IA No.4212 of 2024 arising out of W.P.(C) No.2763 of 2024.
The impugned interim order reads thus:
“Considering the stand taken in the writ petition and counter affidavit, status quo as on today with regard to continuance of the Petitioner be maintained by the Parties till the next date.”
The writ petition i.e., W.P.(C) No.2763 of 2024 was filed by respondent No.1 with the following prayer:
“Under the above circumstances, it is therefore humbly prayed that the Hon'ble Court be graciously please to quash the letter dtd: 15.9.2023 under annexure-10 and direct the Opp. Party-NIT, Rourkela to allow the petitioner to continue in service up to 65 years of age i.e. till 30.04.2027 which is the date of retirement of the teaching Faculty and to grant the consequential service benefits to him within the stipulated period as deem fit and proper;
And/or issue any other appropriate writ/writs, order/orders, direction/directions as deem fit and proper in the fitness of the case.”
Precisely speaking, it is the case of respondent No.1 that he is working against the post of Senior Students’ Activities and Sports Officer in the NIT, which is a teaching post. The age of superannuation for a teaching post in NIT is 65 years whereas that of a non-teaching post is 62 years. If respondent No.1 is treated to be a person holding non-teaching post, he would be made to retire superannuation with effect from today (30.04.2024). It is in that background that learned Single Judge has passed the impugned interim order directing the NIT to allow respondent No.1 to continue in the meanwhile.
Mr. N.K. Sahu, learned counsel appearing on behalf of the appellant has submitted that passing of the aforesaid interim order amounts to granting the relief which was sought in the writ petition. He has filed an affidavit on behalf of the appellant today stating in paragraph-2 as under:
“2. That, it is stated here that in the event the prayer made by the Petitioner in W.P.(C) No.2763 of 2024 is allowed and it is held that the post of Senior Students’ Activities and Sports (SAS) Officer, is a Teaching Post and is entitled to continue in service upto the age of 65 years instead 62 years; the Institute agrees to pay the entire salary and other service benefits to which the Writ Petitioner would be entitled on availing the remedies under the law.”
In view of the undertaking as given in paragraph-2 in the today’s affidavit filed, we deem it proper in the interest of justice to modify the impugned interim order passed by the learned Single Judge to the effect that in case respondent No.1 succeeds in the writ proceeding, he shall be entitled to all consequential benefits.
Mr. S.K. Das, learned counsel representing respondent No.1 has submitted that respondent No.1 is occupying the official residential accommodation provided by the NIT. If he is treated to have attained the age of superannuation and retired, the NIT may take steps for his eviction from the said premises. He accordingly submits that this Court may grant some protection in this regard.
We are not inclined to accept the aforesaid submissions for three reasons. Firstly, it has been stated at the bar that respondent No.1 is entitled to retain the said official accommodation for a month after the date of retirement. Secondly, if he finally succeeds in the writ proceeding, he shall be entitled to House Rent Allowance (HRA) also, if evicted from the said official residence. Thirdly, it will be open for him to take such plea as can be taken before the learned Single Judge in this regard.
With the aforesaid observations, the impugned interim order passed by the learned Single Judge is modified. This intra-Court appeal accordingly stands disposed of.
Issue urgent certified copy of this order as per rules.
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