The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.17059 of 2023 Rabindra Padhy …. Petitioner Mr. Laxmikanta Mohanty, Advocate -versus- State of Odisha & others …. Opp. Parties Mr. Saswat Das, A.G.A. Mr. S.K. Patra, Standing Counsel appearing for the Principal Accountant General (A&E), Odisha CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 28.06.2023 01. 1. This matter is taken up through hybrid mode. 2. Heard learned counsel appearing for the Petitioner, learned Additional Government Advocate appearing for the State- Opposite Parties and Mr. S.K. Patra, learned Standing Counsel appearing for the Principal Accountant General (A&E), Odisha. Perused the writ petition as well as the documents annexed thereto. 3. The present writ petition has been filed by the Petitioner with the following prayers: “It is, therefore, prayed that this Hon’ble Court may graciously be pleased to issue notice to // 2 // the opp. parties, calling upon them to file show cause as to : i) why the order dated 21.6.2022 issued by the opp. party no.3 under Annexure-3 shall not be quashed / set aside having issued without authority. ii) After hearing the parties be pleased to quash / set aside the letter dated 21.06.2022 under Annexure-6. iii) The opp. parties be directed to release all the pension and pensionary benefits of petitioner as per his last pay drawn dated 30.6.2021 under Rule 47(2) of OCS (Pension) Rule 1992 along with statutory interest within a date to be fixed by this Hon’ble Court.” And pass such other order/orders granting complete relief to the petitioner.” 4. It is submitted by learned counsel for the Petitioner that the present Petitioner while working as a Panchayat Executive Officer in the Panchayat Samity Office, Tikabali, the Collector, Kandhamal vide Office Order dated 02.02.2018 allowed Grade Pay of Rs.4200/- and Rs.4600/- to the Petitioner towards 1st RACP w.e.f. 01.01.2013, 2nd RACP w.e.f. 01.01.2013 and 3rd RACP w.e.f. 08.08.2013 in view of paragraph-10 of the Resolution dated 06.02.2013 under Annexure-2. While the matter stood thus, the Petitioner was allowed to retire from Government service on attaining the age of superannuation on 30.06.2021. Pursuant to that, the Opposite Party No.3 forwarded // 3 // the final pension papers of the Petitioner on the basis of the pay fixed along with original Service Book and other relevant documents to Opposite Party No.5 for taking appropriate decision in the matter. However, it is further contended by the learned counsel for the Petitioner that the Opposite Party No.5 returned the pension papers pertaining to the Petitioner to the office of the Opposite Party No.3 vide letter dated 21.06.2022 with an objection that the sanction of administrative department has not been furnished regarding grant of Grade Pay of Rs.4200/- and Rs.4600/- towards 1st and 2nd RACP benefits directly from Grade Pay of Rs.2400/-. In the said letter, it has been further mentioned that the present case is treated as closed at preset and will be reopened on receipt of required information from the department. Aggrieved by such conduct of the Opposite Parties, the Petitioner has approached this Court by filing this present writ petition. 5. Mr. S.K. Patra, learned Standing Counsel appearing for the Oppsosite Party No.5-Accountant General (A&E), Odisha, Bhubaneswar submitted that due to lack of administrative approval, the Grade Pay under RACP Scheme has not been // 4 // accepted while calculating the pensionary benefits of the Petitioner. He further submitted that since there is no specific administrative approval in the case of the Petitioner, the case of the Petitioner has been closed at present and will be reopened on receipt of the required information/document from the department. Therefore, it is submitted by Mr. Patra that the Opposite Party No.5 has not committed any illegality in the matter. 6. Learned counsel for the Petitioner, on the other hand, submitted that no specific administrative approval is necessary. He further contended that the Government of Odisha has issue a general administrative approval for all such cases, however, ignoring such decision of the Government, the office of the Opposite Party No.5 has been harassing individual employees by insisting approval in individual case from the concerned administrative department. In the aforesaid context, learned counsel for the Petitioner referred to the order passed in the case of Kashiram Pradhan v. State of Odisha and others (W.P.(C) No.28338 of 2022 decided on 28.10.2022). Paragraph-9 of the said order is relevant, which is quoted hereinbelow:- // 5 // “9. Having heard learned counsel for the parties and upon a careful consideration of the present case and analysis of the legal position, this Court is of the considered view that in view of the general administrative approval granted by the State Government in the Panchayati Raj & Drinking Water department no approval is required in individual cases. Therefore, following the direction issued by this Court in Nishi Ranjan Pattanaik - vrs.- State of Orissa and others in W.P.(C) No.13283 of 2022 dated 27.06.2022 and batch of other cases this Court directs the Collector, Jharsuguda to examine the case of the Petitioner and write a letter to the A.G. Odisha within a period of four weeks from the date of production of certified copy of this order. In the event such a letter is issued by the Collector, Jharsuguda, the A.G. of Odisha shall do well to do the needful to sanction and disburse the RACP benefit in favour of the Petitioner within a period of two months from the date of receipt of letter from the Collector, Jharsuguda.” 7. Having heard the learned counsel for the respective parties and upon a careful consideration of the factual matrix of the present case, this Court is of the considered view that the matter can be disposed of in the light of the order passed by this Court in the Kashiram Pradhan’s case (surpa). 8. Accordingly, the Opposite Party No.1, the Administrative Department, is directed to issue the administrative approval in respect of 1st and 2nd RACP with a Grade Pay of Rs.4200/- and 4600/- immediately to the office of the Opposite Party No.5 // 6 // within a period of four weeks from the date of production of certified copy of this order. On receipt of the said approval, the Opposite Party No.5 shall issue a P.P.O. on the basis of the administrative approval to be given by the Opposite Party No.1 and by calculating the pension amount to be paid to the Petitioner after taking into consideration the 1st and 2nd RACP under Annexure-3 within four weeks thereafter. 9. With the aforesaid observation and direction, the writ petition is disposed of. 10. Urgent certified copy of this order be granted on proper application. ( A.K. Mohapatra) Judge Debasis Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: PA Reason: Authentication Location: OHC CUTTACK Date: 03-Jul-2023 14:39:37