The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.3288 of 2024 Mihir Kumar Sahu …. Petitioner Mr. Siba Prasad Pati, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. D.Mohapatra, A.S.C. CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 19.02.2024 01. 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. Perused the Writ Petition as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “ Under the aforesaid circumstances, the Petitioner humbly prays that this Hon’ble Court may graciously be pleased to, i) Quash the 2nd Paragraph of the order dated 30.12.2023 allowing 3rd RACP at Annexure-5 in respect of Petitioner at serial No.1, And ii) Accordingly, the Opp.Parties be directed to allow the 3rd RACP with Grade Pay of Rs.6,600/- in the scale of Rs.15,600/- -39,100/- P.B.-3 with effect from 01.01.2013 against the promotional post of Executive Engineer in favour of Petitioner without any further deduction of Grade Pay, while implementing orders of the learned Tribunal in // 2 // O.A.No.758 of 2019 filed by the Petitioner as at Annexure-2 and on the basis of similar orders passed in other identical cases under annexure-8 and to release the differential salary of the Petitioner post retirement benefits, within a stipulated time, And iii) Be pleased to pass such other order/orders as facts and consequential along with the in deemed fit and proper circumstances of the case,” 4. It is submitted by the learned counsel for the Petitioner that challenging the inaction of the Opposite Parties in not granting RACP benefits the Petitioner had earlier approached the Orissa Administrative Tribunal by filing O.A.No.758 of 2019. Learned Tribunal vide order dated 26.02.2019 allowed the Original Application granting Grade Pay of Rs.5400/- and Rs.6,600/- as 2nd and 3rd RACP with effect from 01.01.2013 in favour of the Petitioner and also to make pay fixation as per the Rules and to disburse the arrears accrued on such basis in favour of the Petitioner. Learned counsel for the Petitioner in course of his argument submitted that the order of the Tribunal dated 26.02.2019 was passed basing on the order of the Water Resources Department dated 20.10.2018 under Annexure-1 to the Writ Petition wherein similarly situated persons have been granted 3rd RACP with Grade Pay of Rs.6600/- with Pay Band-3 scale of pay with effect from 01.01.2013. He further contended that since the order passed by the Tribunal was neither challenged by the State Opposite Parties nor the same has been set aside by any higher forum, the Petitioner has approached this Court by filing a Writ Petition. A coordinate Bench of this Court vide order dated 24.02.2020 disposed of the said Writ Petition with a direction to the Opposite Parties to implement the order of the Tribunal within a period of one month from the date of communication of the order // 3 // dated 24.02.2020. Despite the aforesaid direction by the coordinate Bench of this Court the order was not implemented which compelled to the Petitioner to approach this Court again by filing W.P.(C) No.12171 of 2023. The said Writ Petition was disposed of by the coordinate Bench of this Court vide order dated 21.04.2023 with a direction to the Opposite Parties to implement the order passed by the Tribunal in O.A.No.758 of 2019 disposed of on 26.02.2019 within a period of two months from the date of passing such order. At this juncture, after disposal of the aforesaid Writ Petition although the Opposite Parties have implemented the order of this Tribunal vide order dated 30.12.2023 under Annexure-5, however, on perusal of the said order, it appears that the order has been implemented partially. Learned counsel for the Petitioner specifically urged before this Court that initially the Petitioner was granted 2nd and 3rd RACP with Grade Pay of Rs.5400/- and Rs.6600/- pursuant to order under Annexure-5, however the Grade Pay in respect of 3rd RACP was subsequently revised and the same has been allowed at the rate of Rs.5400/-. He also contended that while passing the order under Annexure-5 pursuant to the direction of the Tribunal Opposite Party No.1 has calculated pay in P.B.-2 instead of P.B.-3 under Annexues-1 & 2 to the Writ Petition. Being aggrieved by such conduct of the Opposite Parties, the Petitioner has approached this Court by filing the present Writ Petition. 5. Learned Additional Government Advocate on the other hand contended that the order of the Tribunal as well as this Court has been implemented in letter and spirit. He further contended that the Petitioner has been extended with the RACP benefit as is due and admissible to the Petitioner. Therefore, it is submitted by the learned Additional Government Advocate that the Opposite Parties have not // 4 // committed any illegality and hence prayed for dismissal of the Writ Petition. 6. In reply to the submissions of the learned Additional Government Advocate, learned counsel for the Petitioner submitted that reduction to Grade Pay of Rs.5400/- was challenged before this Court in another Writ Petition bearing W.P.(C) No.28165 of 2019 belonging to the same department. He further contended that a coordinate Bench of this Court by order dated 20.04.2023 has disposed of the Writ Petition by allowing the prayer of the Petitioner that a further direction to the Opposite Parties to grant Rs.6600/- as 3rd RACP benefit in PB-3 after quashing the impugned order dated 17.09.2019. In such view of the matter, learned counsel for the Petitioner submitted that nothing remains to be adjudicated as the issue has already been decided by a coordinate Bench in (Sunil Kumar Mohapatra-v.-State of Odisha and others) in W.P.(C) No.16209 of 2020. 7. Considering the submissions made by the learned counsel for the respective parties, on careful examination of the background facts of the present case and further keeping in view the orders passed by the Tribunal under Annexue-2 and the order of this Court in Saroj Kumar Dwari –v.-State of Odisha and others in W.P.(C) No.28165 of 2019 under Annexure-8 to the Writ Petition, this Court deems it proper to dispose of the Writ Petition at the stage of admission by directing the Opposite Parties to consider the case of the Petitioner keeping in view the aforesaid observation made by this Court. Further, it is directed that in the event the Petitioner is entitled to the scale of pay in PB-3in 3rd RACP with G.P.of Rs.6600/- the same shall be allowed in favour of the Petitioner preferably within a period of two weeks from the date of communication of certified // 5 // copy of this order. The final decision so taken be communicated to the Petitioner within 10 days. It is also directed that upon revision of the Pay Band as well as RACP and G.P. the consequential financial benefit including the pensionary benefit be revised and be paid to the Petitioner within the aforesaid stipulated period of time. The final decision so taken be communicated to the Petitioner. 8. With the aforesaid observation the Writ Petition stands disposed of. Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 22-Feb-2024 12:59:45