DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI

                                                                                          C.C.NO.14 OF 2022

                                                                                                                     Date of Filing  : 26.05.2022

                                                         Date of Order : 25.10.2022

Sri.  Ranjeet Kumar Patra

S/O: Late Dushasan Patra

AT-Puruna Nuagaon,

PO/PS- Tahasil-K.Nuagaon,

 Dist- Kandhamal.                     …………………….. Complainant.

                        Versus.

1. Mission Director NHM

 BBSR Odisha, Unit-VI

 Behind Capital Hospital

 Bhubaneswar, 751001

2.  CDMO Kandhamal

 AT/PO- Phulbani

 Dist.Head Quarter Phulbani 

3. The Collector Kandhamal

 AT/PO- Phulbani

 DIST- Kandhamal, Odisha

4.  B.P.M.O Daringbadi

 AT/PO- Daringbadi

 DIST- Kandhamal, Odisha,762104       …………………….. Opp. Parties.

Present: Sri Purna Chandra Mishra    - President.

                           Sri Sudhakar Senapothi     - Member.

For the Complainant: Mr.Manoj Kumar Sahoo & Associates

For O.P.1& 2 -  None

For O.P.3& 4 -  None

JUDGEMENT

Mr. Purna Chandra Mishra, President

            The complainant Ranjit Kumar Patra has filed this case u/s 35 of the C.P Act 2019 alleging deficiency in service on the part of the O.Ps No.2 & 4 for nonpayment of his statutory dues in spite of repeated approaches and praying therein for a direction to O.Ps No.2 & 4 to pay his arrear dues and a sum of Rs. 40,000/-towards deficiency in service and harassment and a sum of Rs.30, 000/- towards cost of subsistence of his family.   

1.         Brief fact leading to the case is that the petitioner is working as a driver on daily wage basis vide order No.585 dated 20.06.2010 in RKS Nuagaon CHC and discharged his duties from time to time but he has not been paid his wages amounting Rs. 107840/- in spite of repeated approaches and despite direction issued by the PG. cell of Collector Kandhamal. Being harassed by the conduct of the O.Ps No.2 & 4, he has filed this case praying therein for a direction to both the O.Ps. No. 2 & 4 to pay his arrear dues of Rs.107840/- a sum of Rs.40,000/- for deficiency in service and mental, physical and financial harassment and a sum of Rs.30,000/- towards problems relating to subsistence of his family.

2. That after receipt of notice both O.Ps appeared before this Commission and filed their joint written statement. In their written statement the O.Ps admitted the fact that the complainant was working as Ambulance driver under RKS PHC -Budaguda. He has lodged complaint in the PG cell of Collector Kandhamal and after receipt of intimation

from Collector Kandhamal. Superintendent SDH Balliguda was directed to conduct an enquiry vide letter No.10905 dated. 03.09.2018 of CDM and PHO Kandhamal for clearance of the pending remuneration from February 2018. The enquiry officer after enquiry, recommended for transfer of fund to Rogi Kalyan Samiti PHC Budagua from CHC Daringbadi. After receiving an enquiry report, the detail of the complainant was called for from BPHO CHC Daringbadi. It was revealed that a sum of Rs.107840/- is pending towards remuneration for the period from June 2017 Sept.2018. As there is non- availability of funds his dues have not been paid.

3. The petitioner in support of his case has filed certain documents  such as letter No. 2500 dated 26.10.2021 of CDM & PHO Kandhamal to Collector Kandhamal, Copy of the acknowledgement showing submission of grievance by the complainant, Copy of his engagement and disengagement, copy of his Aadhar card and his affidavit in support of his case.

            On the other hand the O.Ps have filed the entire case record available in his office running over number of pages.

4. It has been admitted by both the parties that the complainant Ranjit Patra was engaged in RKS as an Ambulance Driver and his remuneration for the period from June 2017 to September 2018 amounting to Rs.1,07,840/- (Rupees one lakh seven thousand eight hundred forty only) has not been there is no fund he is unable to pay his remuneration. It is also stated by the O.P. No.2 that, he has instructed all the PHCs. and other RKS of Kandhamal district after due approval from the Collector & DM, Kandhamal that the concerned RKS to take their own decision regarding further continuance of the drivers under RKS/ZSS vide office letter No.1421 dated 10.12.2018. It is also clear from paragraph No.6 of the written-version that it is only on 10.12.2018 the drivers engaged under RKS/ZSS were disengaged.

at all said anything as to what steps they have taken to clear up his dues. Since the O.Ps. have engaged the complainant and his dues are admitted, they are liable to clear up his dues.

6. The act of engagement of a person on daily wage basis without any pecuniary arrangement is an irresponsible act of the concerned authorities. Both the officers who have engaged the complainant without any financial arrangement are liable to clear up his dues and the complainant cannot be allowed to move in complete darkness from pillar to post after discharging his duties properly. Since both the O.Ps. are responsible for his engagement, the dues of the complainant are to be recovered from their concerned salary and is to be paid to the complainant along-with the consequential losses suffered by him.

7. As a case of deficiency in service is made out against the O.P.s, they are liable to compensate the petitioner for the losses caused to him and hence the order.

                                                                                                 ORDER

The complaint petition is allowed on contest against the O.Ps. The O.Ps. are jointly and severally liable for causing deficiency in service and harassment to the complainant. The O.Ps. are directed to pay a sum of Rs.1,07,840/- (Rupees one lakh seven thousand eight hundred forty only) to the complainant on receipt of the order along-with interest @ 10% per annum with effect from 01.10.2018 till it is paid to him. The O.Ps. are further directed to pay a sum of Rs.30,000/- towards deficiency in service and harassment and a sum of Rs.10,000/-  towards cost of litigation. It is made clear that the amount payable as directed to the complainant are to be recovered from the officers, responsible for appointing him as a driver for the period from June 2017 to September 2018 and first  it is to be paid by from available funds.

This order is to be complied within a period of 45 days from the date of receipt of the order.

                    I Agree

                   MEMBER                                                              PRESIDENT

Pronounced in the open Commissioner today on this 25th day of  October 2022 in the presence of the parties.

                 MEMBER                                                                  PRESIDENT