The High Court
Case Details
Order No. 01. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.3733 of 2024 Narayan Bhoi State of Odisha & others -versus- ….
Legal Reasoning
Petitioner Mr. P.K.Maha,Advocate …. Opp. Parties Mr. D.Nayak, A.G.A. CORAM: JUSTICE A.K. MOHAPATRA
Decision
ORDER 22.02.2024 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the petitioner as well as learned Additional Government Advocate for the State-Opposite Parties. Perused the writ petition as well as documents annexed thereto. 3. The present writ petition has been filed by the petitioner with the following prayers: “In view of the aforesaid facts and circumstances as narrated above it is prayed that this Hon'ble Court be graciously be pleased to admit the Writ Petition and issue Rule Nisi or any other appropriate Writs against the Opp. parties calling upon the opposite parties to show cause as to why order at Annexure-8 shall not be set aside and they shall not be directed to revise the pay of the petitioner at Level-12 as per the Pay Matrix of ORSP Rules, 2017 and fix his pension and pensionary benefits accordingly with all consequential financial benefit; And, if the Opp. Parties failed to show cause or show insufficient cause, make the said Rule absolute by setting aside the order at Annexure-8 and directing the Opp. Parties to revise the pay of the petitioner at Level-12 as per the Pay Matrix of ORSP Rules, 2017 and fix his pension and pensionary benefits accordingly with all consequential financial benefit; And/or issue any other appropriate Writ/Writs, order/orders, direction/directions as deem fit and proper in the fitness of the case.” // 2 // 4. It is submitted by the learned counsel for the petitioner that earlier the petitioner has approached this Court by filing W.P.(C) No.30909 of 2021 with a prayer for direction to the Opposite Parties to correct the wrong fixation of his pay in level 12 cell 19 at Rs.49,600/-. Further the petitioner has prayed for correction of such wrong fixation and to refix the pay of petitioner at level 12 cell 1 that is Rs.56,100/- by taking into consideration work for rules, 2017 w.e.f.01.01.2016. A coordinate bench vide order dated 08.10.2021 disposed of said writ application by granting liberty to the petitioner to approach the Opposite Party No.1 by filing a representation with a further direction to the Opposite party No.1 to consider the same in light of Annexure-11 to the said writ application and to dispose of such representation of the petitioner within three months. 5. Learned counsel for the petitioner further submitted that, pursuant to the order passed by the coordinate bench, the petitioner approached the Opposite party No.1 by filing a representation. Such representation of the petitioner has been rejected vide order dated 28.02.2022 under Annexure-8 to the writ application on the ground that the claim of the petitioner, which is based on fact the similar benefits were extended to a similarly situated employee namely Rabindranath Sahoo has been held to have been based on a wrongful proposition of law. Accordingly the Opposite party No.1 has directed to revise the pay scale of above named Rabindranath Sahoo and as a result of such, they have rejected the representation of the petitioner. Learned counsel for the petitioner further contended that although the Opposite party No.1 has rejected the representation of the petitioner with a further direction to the sub-Collector to revise in the scale of Rabindranath Sahoo, however, the said Rabindranath Sahoo is continuing to receive the scale of pay which the petitioner claimed. // 3 // He further submitted that as per the recent order dated 20.10.2020 under Annexure-10 to the writ PR&DW Government of Odisha has allowed the similar scale to a similarly situated person namely P.Tarini Rao, retired ABDO Seragada Block,Ganjam. On perusal of the order under Annexure-10 it reveals that the abovenamed P.Tarini Rao has been sanctioned scale of pay at level 12 of ORSP rule of the pay matrix under ORSP 2017. 6. Learned Additional Government Advocate on the other hand contended that pursuant to the direction of this Courts in the earlier writ application at that stage of petitioner was considered and representation of the petitioner has been rejected by a speaking order. In such view of the matter, learned Additional Government Advocate submitted the Opposite Parties have not committed any legality in rejecting the claim of the petitioner. In such view of the matter, leaned Additional Government Advocate that the petitioner’s case is devoid of merit and accordingly same should be dismissed. 7. Having heard learned counsels appearing for the respective parties on a careful examination of the background facts as well as the materials on record, further keeping in view the limited nature of grievance this Court deems it proper to dispose of the writ application at the stage of admission by granting liberty to the petitioner to approach the Opposite party No.1 once again along with a certified copy of this order. In such eventuality the Opposite Party No.1 shall reconsider the case of the petitioner in the light of the fact the above named Rabindranath Sahoo is getting similar scale of pay as has been claimed by the present petitioner and the same has not been revised as of now. Moreover, in the meantime one P.Tarini Rao retired ABDO, Sergada Block has been granted a scale of pay at level 12 of the ORSP Rules, 2017 under Annexure-10 to the writ // 4 // application. Accordingly, the case of the petitioner be reconsidered in the light of the aforesaid fact and final decision be taken with regard to the petitioner by passing a speaking and reasoned order. The entire excise be concluded within a period of two months from the date of communication of the certified copy of this order. 8. With the aforesaid observation/direction, the writ petition is disposed of. Urgent certified copy of this order be granted on proper application. Rubi ( A.K. Mohapatra) Judge Signature Not Verified Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa Date: 27-Feb-2024 11:03:33