The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.14078 of 2023 Jagadananda Naik …. Mr. P.K.Rath, Advocate Petitioner -versus- State of Odisha and others …. Opp.Parties Mr.Saswat Das, A.G.a. CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 11.05.2023 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as the learned Additional Government Advocate. Perused the Writ Petition as well as the documents annexed thereto. 3. The present Writ Petition has been filed with the following prayer : “ The Petitioner, therefore prays that your Lordships would be graciously pleased to admit this Writ Petition, call for the records and after hearing the parties allow the same, issue writ/writs in the nature of certiorari/mandamus and/or any other further writ/direction and set aside the order dated 30.07.2022 and order No.6642 dated 12.04.2022 under Annexure-1 & 2 respectively, and further be pleased to fix the pay of the Petitioner in Level-8, Cell-24 at Rs.57,500/- in the Pay Matrix of ORSP Rules, 2017.” // 2 // 4. It is submitted by the learned counsel for the Petitioner that the Petitioner is working as Panchayat Executive Officer in the district of Sundargarh. Learned counsel for the Petitioner further submitted that since the Petitioner is not getting promotion, he is entitled to get financial upgradation of scale of pay as prescribed in the ORSP Rules, 2017. Since the Petitioner was not granted the upgraded financial benefit, the Petitioner had earlier approached this Court by filing WP.(C) No.40947 of 2021. A coordinate bench of this Court by order dated 19.01.2022 disposed of the Writ Petition by directing the Opposite Party No.3 to consider the representation of the Petitioner under Annexure-8 and pass appropriate order in accordance with law within a period of three months. 5. Learned counsel for the Petitioner at this juncture further submitted that after passing of the order dated 19.01.2022 in W.P.(C) No.40947 of 2021, the Opposite Party No.3, Collector, Sundargarh has passed the impugned order dated 30.07.2022. He further contended that the impugned order under Amnnexure-1 reveals that the claim of the Petitioner claiming the scale of pay in Level-8 Cell- 24 at Rs.57,500/- as per the Pay Matrix of ORSP Rules, 2017 has been rejected by referring to the No.6642 dated 12.04.2022 issued by the Government of Odisha in Panchayati Raj & Drinking Water Department in connection with MACP benefit to the PEOs. Learned counsel for the Petitioner further contended that on a careful reading of the letter dated 12.04.2022 under Annexure-2, it appears that the same does not stand on the way of the Petitioner in getting the next higher pay scale as the Petitioner is getting the pay scale in Level 8 Cell 19 in view of Rule 13 of the ORSP Rules, 2017, the Petitioner is entitled to next higher promotional scale i.e. Level-8 Cell 24. // 3 // Accordingly, the Petitioner has approached this Court by filing the present Writ Petition challenging the order dated 30.07.2022 under Annexurre-1. 6. Learned Additional Government Advocate on the other hand submitted that the Collector, Sundargarh taking into consideration the Letter No.6642 dated 12.04.2022 of the Panchayati Raj & Drinking Water Department, Odisha considered the case of the Petitioner and accordingly it was found that the Petitioner is not eligible to get such financial upgradation as 3rd MACP in Level-8 Cell 24 and therefore, the prayer of the Petitioner has been rejected. Learned Additional Government Advocate also submitted that the Collector, Sundargarh has taken into consideration the scale of pay of the Petitioner as well as the promotional avenue and pursuant to the order passed by the Panchayati Raj & Drinking Water Department, Odisha the claim of the Petitioner for payment higher scale of pay in level-8 Cell 24 has been rejected. Accordingly, learned Additional Government Advocate submitted that the claim of the Petitioner is devoid of merit. As such, the Writ Petition deserves to be dismissed at the threshold. 7. In reply to the aforesaid contentions, learned counsel for the Petitioner submitted that the instruction of Panchayati Raj & Drinking Water Department, Odisha vide letter dated 12.04.2022 under Annexure-2 does not stand on the way of the Petitioner in getting the next higher promotional scale of pay as prescribed in ORSP Rule, 2017. He further submitted that the instruction vide letter dated 12.04.2022 also provides that the Petitioner is entitled to the next higher level as 3rd MACP. Therefore, the authorities have committed an error by rejecting the claim of the Petitioner. In the aforesaid context, learned counsel for the Petitioner also referred to // 4 // an order passed by the B.D.O., Bisamcuttack dated 14.07.2022. On perusal of the said letter reveals that the B.D.O., Bisamcuttack while considering the case of a similarly placed person has been pleased to grant higher scale of pay i.e. in the scale of Rs.57,500/- in evel-8 Cell 24 of ORSP 2017. Therefore, he further contended that the Government cannot give two yardstick in respect of two different districts. Accordingly, rejection order under Annexure-1 is illegal and discriminatory. 8. Having heard learned counsel appearing for the parties and upon a careful consideration of the materials placed before this Court as well as keeping in view the background facts of the present case, this Court observes that the instruction of the Panchayati Raj & Drinking Water Department, Odisha vide letter dated 12.04.2022 under Annexure-2 has not been analysed properly in the impugned rejection under Annexure-1. Further, this Court observes that the impugned rejection order dated 30.07.2022 under Annexure-1 by no stretch of imagination it can be said that it is a speaking and reasoned order. Taking such view of the matter, this Court without expressing any opinion on the merits of the case, this Court deems it proper to dispose of the Writ Petition by directing the Opposite Party No.3 – Collector, Sundargarh to reconsider the matter and dispose of the same by passing a speaking and reasoned order taking into consideration and applicability of letter dated 12.04.2022 issued by the Panchayati Raj & Drinking Water Department, Odisha and keeping in view the order passed by the B.D.O., Bisamcuttack as referred to hereinabove. In such view of the matter, the impugned order dated 30.07.2022 under Annexure-1 is set aside. The matter is remanded back to the Opposite Party No.3 to consider the matter afresh within a period of two months from the date of communication // 5 // of the certified copy of this order by the Petitioner. The Opposite Party no.3 shall do well to consider and dispose of the matter by passing a speaking and reasoned order. The decision so taken be communicated to the Petitioner within two weeks thereafter. 9. With the aforesaid observation, the Writ Petition stands disposed of. RKS RAMESH KUMAR SINGH Digitally signed by RAMESH KUMAR SINGH Date: 2023.05.13 17:28:25 +05'30' ( A.K. Mohapatra, ) Judge