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Judgment
Dr. A.K.Rath, J
State of Orissa and its functionaries are the appellants against the affirming judgment.
Plaintiffs-respondent nos.1 to 5 instituted the suit for arrear salary of deceased Srimati Sahu and damages. The case of the plaintiffs was that
Srimati Sahu was serving as an ANM in Dandapalasa Medical Aid Centre under CDMO, Balasore. She applied for maternity leave to the CDMO,
Balasore, but the same was not sanctioned. Her salary was not released due to delay in despatch of service book from CDMO, Dhenkanal. She made
a representation to the authorities, but there was no response. She suffered from cancer. She died on 7.6.1981 leaving behind the plaintiffs. With the
factual scenario, the plaintiffs claimed damages of Rs.10,000/- and arrear salary of Rs.20,226.85 p.
Defendant no.1-Collector, Balasore filed written statement denying the claim of the plaintiffs. It was stated that Srimati Sahu had married to
Sambhu Das. Defendant no.5 was born out of their wedlock. From 20.1.1971 to 18.4.1974, she worked under the CDMO, Dhenkanal. Her work was
not satisfactory. She applied for maternity leave from 4.6.1973 to 30.6.1973. The same could not be sanctioned due to want of medical certificate.
Subsequently, leave was sanctioned on 30.4.1980. Her Service Book was despatched from CDMO, Dhenkanal to CDMO, Balasore on 21.3.1980.
The L.P.C. was also sent to CDMO, Balasore on 1.6.1974. Her pay fixation statement from 1.1.1972 to 18.1.1974 along with non-drawal certificate
was sent to CDMO, Balasore. On 9.7.1976, her dues had been regularized after observing all formalities. The dues could not be regularized earlier
due to non-submission of required documents. Her personal entitlement amounting to Rs.1,680.40p towards leave salary, T.A., one time refundable
deposit and obsequies under G.I.S. was paid to the plaintiff no.6. He received the same on production of a fraudulent legal heir certificate issued by
the Addl. District Magistrate, Balasore. With regard to other entitlements, necessary proposals had been forwarded to the competent authorities for
early sanction.
During pendency of the suit, defendant nos.5 & 6 were added as parties to the suit. They filed counter claim claiming the arrear amount. It was
pleaded that Srimati Sahu married to defendant no.6 on 6.5.1960. Out of their wedlock, defendant no.5 was born on 6.5.1965. Since dissension
cropped up, Srimati Sahu filed a petition for judicial separation. The same was allowed. She lived separately. She developed intimacy with plaintiff
no.6. Out of their wedlock, plaintiff nos.1 to 5 were born. They are entitled to 2/7th interest in the arrears of the personal entitlements of deceased
Srimati Sahu.
Stemming on the pleadings of the parties, learned trial court struck eight issues. Parties led evidence, oral and documentary. On an assessment on
record, learned trial court came to hold that there was inordinate delay in despatching the service book to the CDMO, Balasore. Though Srimati Sahu
was transferred in January, 1974, her service book was not despatched till 21. 3.1980. After lapse of six years, her service book was despatched to
CDMO, Balasore. The explanation offered by the defendant for delay in despatching the service book was not acceptable. After fixation of pay at the
new scale, she was not allowed to get service benefits from 1.1.1973 to 11.9.1981. She was not allowed the service benefits including arrear dues.
She suffered financial stringency due to callousness of the CDMOs, Dhenkanal and Balasore. She died without getting any proper medical care due to
want of money. The plaintiff nos.1 to 6 are entitled to damages of Rs.5,000/-. Defendant nos.1 to 4 are entitled to an amount of Rs.2,028/- from GPF,
Rs.7,500/- from LIC and arrear salary Rs.10,614.85p. Held so, it allowed the suit in part.
Unsuccessful defendant nos.1 and 2 filed appeal before the learned District Judge, Balasore, which was subsequently transferred to learned Addl.
District Judge, Balasore and renumbered as S.J.A. No.1/1 of 1996-1988-III. The contesting respondents filed cross-objection claiming damages. The
appeal was dismissed. Cross-objection was allowed. It was held that the appellant-State is liable to pay damages to the tune of Rs.10,000/- to the
respondents.
Heard Mr.S.Mishra, learned ASC for the State and Mr. B.C.Swain, learned counsel appearing on behalf of respondent nos.7 and 8.
Mr.Mishra, learned ASC submits that the court has awarded damages on surmises and conjectures. There was no delay in despatching the service
book and LPC. There was no latches on the part of the defendants. The findings of the courts below are perverse.
Conversely, Mr.Swain, learned counsel for the respondent nos.7 and 8 submits that both the courts have concurrently held that there was a delay in
despatching the service book. Plaintiff died without getting proper medical care.
On an assessment of evidence on record, oral and documentary, both the courts have concurrently held that Srimati Sahu was serving as an ANM
under CDMO, Dhenkanal. She was transferred to the office of CDMO, Balasore and posted at Dandapalasa Medical Aid Centre under CDMO,
Balasore. After six years, her service book and LPC were despatched. Though she applied for maternity leave, the same was not granted. She died
due to want of proper medical facility. Her arrear salary was not paid. These are essentially findings of facts. There is no perversity in the finding of
the courts below.
In view of the foregoing discussions, the appeal is dismissed, since the same does not involve any substantial question of law.
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