The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) Nos.10413 of 2023 & 32481 of 2022 Chandra Mohan Rout …. Petitioner Mr. L.K. Mohanty, Advocate State of Odisha & Others -versus- …. Opposite Parties Mr. C.K. Pradhan, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 03.09.2025 06. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
Legal Reasoning
2. Heard learned counsel appearing for the Parties. 3. Since the issue involved in both the cases is
Decision
identical, both the Writ Petitions are heard analogously and disposed of by the present common order. 4. It is contended that Petitioners while working as Supervisors and with issuance of the Resolution dtd.06.02.2013, so issued by the Government in the Finance Department, Petitioners became eligible to get the benefit of grade pay in the shape of 1st, 2nd and 3rd RACP. Petitioner in W.P.(C) No.10413 of 2023 while was extended with the benefit of grade pay in the shape of 3rd RACP at Rs.4800/- per month, Petitioner in the // 2 // connected W.P.(C) No.32481 of 2022 was extended with the benefit of grade pay at Rs.4600/- in the shape of 2nd RACP. 4.2. It is contended that Petitioners in both the cases though otherwise were eligible to get the benefit of grade pay of Rs.5,400/- in the shape of 3rd RACP, but the same was not extended, in view of the office order issued by the Government in the Health & Family Welfare Department on 03.11.2020. However, challenging office order dtd.03.11.2020, both the Petitioners approached this Court in W.P.(C) No.25191 of 2020. 4.3. It is contended that this Court vide order dtd.17.03.2022, while quashing order dtd.03.11.2020, directed the authority concerned to take a fresh decision on the Petitioner’s claim to get the benefit of grade pay in the shape of 3rd RACP @ Rs.5400/-. While directing so, order dtd.03.11.2020 so issued by the Department was also quashed. However, without proper appreciation of the Petitioners’ claim and the benefit extended in favour of similarly situated employees and by relying on the self-same office order dtd.03.11.2020, claim of the Petitioners was rejected vide the impugned orders dtd.17.11.2022 and 18.11.2022 respectively in both the Writ Petitions. Page 2 of 6 // 3 // 4.4. It is contended that since order dtd.03.11.2020 so issued by the Department-Opposite Party No.1 was quashed by this Court while disposing W.P.(C) No.25191 of 2020, relevancy and effect of the said order, should not have been taken into consideration while considering the Petitioners’ claim afresh and rejecting of the same. 4.5. It is contended that this Court taking into account the discrimination meted out to the Petitioners also directed to look into the benefit of grade pay @ Rs.5400/-in the shape of 3rd RACP extended in favour of similarly situated employees drawing similar pay scale. But the said fact was never considered by Opposite Party No.1 while rejecting the claim of the Petitioners. 4.6. A further submissions was also made that in the meantime Government in the Finance Department has issued a fresh resolution on 13.02.2025 and as per the said resolution, Petitioners are eligible and entitled to get the benefit of Grade Pay of Rs.5400/- in the shape of 3rd RACP. 4.7. It is accordingly contended that the impugned order is not sustainable in the eye of law and it requires interference of this Court. 5. Learned Addl. Government Advocate on the other hand supported the impugned order and contended Page 3 of 6 // 4 // that after remand of the matter by this Court, the impugned order has been passed by the authority - Opposite Party No.1. 5.1. It is contended that similar benefit of grade pay of Rs.5400/- in the shape of 3rd RACP extended in favour of similarly situated employees like GPEO / PA / ABDO is not sustainable in the eye of law and accordingly cannot be made applicable to the Petitioners. 6. Having heard learned counsels appearing for the Parties and considering the submissions made, this Court finds that Petitioners’ claiming extension of grade pay of Rs.5400/- in the shape of 3rd RACP and challenging order dtd.03.11.2020 so issued by Opposite Party No.1- Department, approached this Court by filing W.P.(C) No.32191 of 2020. 6.1. As found this Court vide order dtd.17.03.2022 while quashing order dtd. 03.11.2020, directed Opposite Party No.1 to take a fresh decision on the claim of the Petitioners to get the benefit of grade pay of Rs.5400/- in the shape of 3rd RACP. This Court further directed that similar benefit of Grade Pay @ Rs.5400/- in the shape of 3rd RACP extended in favour of employees holding the post of GPEO / PA / ABDO be also taken into consideration. 6.2. But as found from the impugned order, Opposite Party No.1 has not followed the direction contained in Page 4 of 6 // 5 // order dtd.17.03.2022 and while rejecting the claim has placed reliance on the office order dtd.03.11.2020. Placing reliance on the resolution so issued by the Government in the Finance Department on 13.02.2025 and the earlier direction contained in order dtd.17.03.2022, this Court is of the view that claim of the Petitioners has not been properly appreciated. 6.3. In view of the aforesaid analysis, this Court while quashing the impugned order dtd.17.11.2022 and 18.11.2022 so challenged in both the Writ Petitions, remit the matter to Opposite Party No.1 to take a fresh decision on the Petitioners’ claim to get the benefit of grade pay in the shape of 3rd RACP at Rs.5400/- in terms of the earlier order of this Court in W.P.(C) No.25191 of 2020. This Court directs Opposite Party No.1 to take into consideration the recent resolution issued by the Finance Department on 13.02.2025 and similar benefit extended in favour of similarly situated employees in other departments of the Government. 6.4. This Court directs Opposite Party No.1 to pass a fresh order as directed within a period of two (2) months from the date of receipt of this order with due communication to the Petitioners. On such consideration, if it will be held that the Petitioners are eligible to get grade pay of Rs.5400/- in the shape of 3rd RACP, consequential follow up action be taken to Page 5 of 6 // 6 // release the differential entitlements including revision of pension. 7. With the aforesaid observations and directions, both the Writ Petitions stand disposed of. 8. Photocopy of the order be placed in the connected cases. (Biraja Prasanna Satapathy) Judge Subrat Signature Not Verified Digitally Signed Signed by: SUBRAT KUMAR BARIK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 09-Sep-2025 16:09:19 Page 6 of 6