Orissa High Court
Case Details
Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 17-May-2024 16:46:43 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.22869 of 2016 Golak Chandra Swain …. Petitioner(s) Mr. Biren Sankar Tripathy, Adv. -versus- Laxmi Biswal …. Opposite Party(s) Mr. R.K. Kanungo, Adv. CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. 04 ORDER 08.05.2024 1. This matter is taken up through hybrid arrangement. 2. In this Writ Petition, the Petitioner has made prayer to quash the order dated 23.11.2015 under Annexure-3 passed by the Opposite Party No.5/ Senior General Manager (Ele.), Rengali Hydro Electric Project, Rengali Dam Site, in the district of Angul rejecting his claim for grant of scale of pay of Rs.4400-7905/-. He has further sought a direction from this Court to the Opposite Parties to grant the scale of pay of Rs.4400-7905/- with effect from 01.04.1997 in his favour.
Legal Reasoning
3. Heard learned counsel for the Parties. 4. The fact of the case is that the Petitioner was an employee of Odisha Hydro Power Corporation Ltd., who retired on 31.08.2003 on Page 1 of 11 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 17-May-2024 16:46:43 attaining the age of superannuation while working as Fitter Mechanic, Grade-II. 5. Initially, the Petitioner was appointed as Fitter Mechanic, Grade- III on 01.03.1982 under work charged establishment in the scale of pay of Rs.240-315/- per month. But, subsequently, he was allowed to draw the scale of pay of Rs.300-410/- per month vide memo No.4587 dtd.30.8.82 in accordance with the Finance Dept. order dated 15.04.1976. 6. On 26.02.1986, the Petitioner was promoted to the post of Fitter-cum- Mechanic, Grade-II in the scale of pay of Rs.370-630/-per month vide order No.1362 dated 26.02.1986 of the Opposite Party No.5. 7. While the matter stood thus, the Irrigation and Power Deptt. vide letter No.FE-V-TCC-96/86-5366/18 dated 06.01.1987 revised the scale of pay of the employees with effect from 01.01.1885. Accordingly, the scale of pay of Fitter Mechanic, Grade-III was revised from Rs.300/- to Rs.840/- per month and the Fitter Mechanic, Grade-II from Rs.370/- to Rs.935/- per month. Again, the Government in Irrigation Department issued resolution No.20374 dated 27.07.1991 revising the scale of pay of the aforesaid posts with effect from 01.05.1989. As per the said revision, the scale of pay for the post of Fitter Mechanic, Grade-II was revised from Rs.935/-to Rs.1350/- per month. Subsequently, vide notification No.1239 dated 18.01.1992 the scale of pay of Fitter Mechanic, Grade-II was revised to Rs.975-1660/-with effect from 01.05.1989. Page 2 of 11 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 17-May-2024 16:46:43 8. It is relevant to mention here that the employees of Energy and the employees of Irrigation Department were under one Department of the State Government i.e. Irrigation and Power Department in the year 1987, but the two departments got separated in the year 1990 and as such formed two Departments i.e. Irrigation Department and Energy Department. The Petitioner being the employee under the Energy Department was continuing in the pay scale of Rs.840-1240/- while his counterparts working in the Irrigation Department was in the higher pay scale of Rs.935-1530/- per month with effect from 01.01.1985 creating discrimination although the functions, duties and responsibility of Fitter Mechanic, Grade-II in both the Departments were the same. 9. Learned counsel for the Petitioner submits that the Energy Department had granted the pre-revised scale in the year 1985 in favour of one Gokul Chandra Sarangi, Ex-Fitter, Grade-I. The said Gokul Chandra Sarangi was granted the pay scale of Rs.935-1530/- per month in place of Rs.370-630/- per month whereas the Petitioner has been denied the same. 10. Being aggrieved, the Petitioner approached the authorities time and again requesting therein to grant the scale of pay of Rs.935-1530/- with effect from 01.01.1985 and Rs.1350-2200/- with effect from 01.05.1989 in his favour which was granted to the said Gokul Chandra Sarangi. He has represented on several occasions and in response to his representations, the then Superintending Engineer Page 3 of 11 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 17-May-2024 16:46:43 vide his office order dated 24.03.1995 informed that the Petitioner had been re-designated as Fitter Mechanic and his pay scale had been fixed at Rs.840-1240/-instead of Rs.935-1530/- and Rs.1350-2200/-. 11. Thereafter, the Petitioner approached the Odisha Administrative Tribunal, Cuttack Bench, Cuttack (hereinafter referred to as “the Tribunal” for brevity) in OA No.58(C) of 1995 seeking a direction to the Opposite Parties to grant him equal scale of pay at par with the scale of pay granted in favour of Fitter Mechanic, Grade-II of Irrigation Department. The Tribunal vide order dated 07.03.1996 disposed of the said O.A. granting liberty to the Petitioner to file a fresh representation before the Opposite Party No.1, who shall consider the game and communicate the decision within 4 months from the date of receipt of the representation. 12. Pursuant to the said direction of the Tribunal, the Petitioner submitted his representation dated 15.04.1996 before the Principal Secretary, Department of Energy requesting therein for fixation of pay as per the ORSP Rules, 1985. As no action was taken, the petitioner submitted another representation dated 21.08.1996. 13. Thereafter, the Petitioner filed a Writ Petition bearing OJC No.562 of 1997 before this Court seeking a direction from this Court to the Opposite Parties to grant him to avail the revised scale of pay of Rs.935-1530/- with effect from 01.01.1985 and Rs.1350-2200/-with effect from 01.05.1989. During pendency of the said Writ Petition, the Opposite Party No.5/ Senior General Manager (Ele.), Rengali Hydro Page 4 of 11 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 17-May-2024 16:46:43 Electric Project, Rengali Dam Site, in the district of Angul vide letter dated 30.03.2002 recommended the case of the Petitioner to the Director (HRD), Orissa Hydro Power Corporation Ltd., Bhubaneswar indicating therein to consider the case of the Petitioner as a special case and he may be granted the scale of pay of Rs.4400-7905/-with effect from 01.04.1997. 14. The said Writ Petition was disposed of vide order dated 07.08.2015 with a direction to the Director (HRD), Orissa Hydro Power Corporation Ltd., Bhubaneswar to consider the case of the Petitioner pursuant to the recommendation dated 30.03.2002 made by the Opposite Party No.5/ Senior General Manager (Ele.), Rengali Hydro Electric Project, Rengali Dam Site, in the district of Angul within a period of 3 months from the date of communication of that order. 15. In-compliance with the order dated 07.08.2015 passed by this Court, the Opposite Party No.5/ Senior General Manager (Ele.), Rengali Hydro Electric Project, Rengali Dam Site, in the district of Angul passed the impugned order dated 23.11.2015 rejecting the claim of the Petitioner on the ground that the rationalized scale of pay extended to him i.e. Rs.3600-6550/- vide office order No.11405 dated 04.09.2001 was better scale of pay in terms starting increments, span and ending compared to his pre- rationalized scale. Hence, the Petitioner is constrained to approach this Court by way of this Writ Petition. 16. Learned counsel for the Petitioner submits that the claim of the Petitioner for higher scale of pay is based on the discriminatory action Page 5 of 11 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 17-May-2024 16:46:43
Legal Reasoning
on the part of the authorities in granting higher scale of pay to one Sri Gokul Chandra Sarangi, who was drawing the same pay of Rs.856/- like the Petitioner. But, subsequently, due to re-designation, the said Sri Sarangi switched over to higher scale. Therefore, the then Senior General Manager (Ele.), Rengali Hydro Electric Project, Rengali considering all the aspects, had recommended the name of the Petitioner to grant the scale of pay of Rs.4400~7905/- with effect from 01.04.1997 as a special case. 17. It is also submitted that the impugned order itself shows that the case of the Petitioner was not properly considered because of the fact that while recommending the name of the Petitioner the then Senior General Manager (Ele.), Rengali Hydro Electric Project, Rengali vide letter dated 30.03.2002 had also discussed everything and taking a lenient view in the matter recommended to consider the case of the petitioner as a special case. Therefore, while disposing of the OJC No.562 of 1997, this Court vide order dated 07.08.2015 had also directed to consider the case of the Petitioner pursuant to the said recommendation. 18. It is further submitted that the Petitioner has already retired from services since 31.08.2003. In case he is allowed the higher scale of pay with effect from 01.04.1997, he would get some financial benefits. 19. In such view of the matter, learned counsel for the Petitioner submits that the prayer of the Petitioner may be allowed directing the Page 6 of 11 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 17-May-2024 16:46:43 Opposite Parties to grant higher scale of pay as stated supra in favour of the Petitioner. 20. In reply, learned counsel for the Opposite Party Nos.2 and 3 submits that earlier the Petitioner had filed O.J.C. No.562 of 1997 for the self- same relief which was disposed of on 07.08.2015 directing for consideration of the Petitioner’s representation made to the present Opposite Party No.5. The representation of the Petitioner was examined by the Opposite Parties and duly disposed of with due communication to the Petitioner on 23.11.2015. Again on 22.12.2016, i.e. after an unexplained delay of one year, the Petitioner had filed this Writ Petition seeking quashing of the said letter dated 23.11.2015. Such inconsistency in the action of the Petitioner renders the present prayer devoid of any merit and liable to be dismissed in limine. 21. It is further submitted that the present Writ Petition is not maintainable. Since the petitioner has sought for interference of this Court in the matter of administration of a company which is purely and exclusive domain of the authority of the management, this Court should be loathed to interfere in such exercise of authority and no writ shall lie under the facts and circumstances of the case. Moreover, no legal right much less any fundamental right has been abridged of the Petitioner. 22. He further submits that the allegation made by the Petitioner in the Writ Petition that the revised scale of pay of Rs.935-1530/- has been allowed to Sri G.C. Sarangi, Ex-Fitter Gr.I of Energy Department. It is Page 7 of 11 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 17-May-2024 16:46:43 to mention here that at the time of permanent transfer to OHPC with effect from 01.04.1997, the scale of pay of the Petitioner was Rs.975- 1660/- which was subsequently revised to Rs.3200-4900/- as per ORSP Rules, 1998. Similarly the scale of pay of Sri G.C Sarangi, Fitter Mechanic Gr.I was Rs.l350-2200/-which was revised to 4500-7000/- as per ORSP Rules, 1998. Department of Energy had offered the pay scales of Rs.l205-2250/- to Fitter Mechanic Gr.II and the pay scale of Rs.1390-2685/- to Fitter Gr.I at the time of exercising option (preference) vide letter No.3679 dated 01.03.1997. The above pay scales have been revised to Rs.3600-6550/- and Rs.4400- 7905/- of Fitter Mechanic Gr.II and Fitter Gr.I respectively with effect from 01.04.1997. Accordingly, during rationalization, the pay scale have been revised to Rs.3600-6550/- of Fitter Mechanic with effect from 01.04.1997 with rationalized designation Fitter-B in NE-5 Grade under the cadre of Fitter to the Petitioner and Rs.4400-7905/- of Fitter Gr.I with effect from 01.04.1997 with rationalized designation Spl. Gr. Operator (Mech.) in NE-7 grade to Sri G.C.Sarangi under the cadre of Operator (Mech.). 23. It is also submitted that the Petitioner had filed OJC No.562 of 1997 before this Court seeking issuance of direction to Opposite Parties to grant him revised scale of pay of Rs.935-1530/- with effect from 26.02.1986 and Rs.1350-2200/- with effect from 01.05.1989. The said
Decision
O.J.C. was disposed of vide order dated 07.08.2015 by this Court with a direction to the Director (HRD) to consider the case of Petitioner Page 8 of 11 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 17-May-2024 16:46:43 pursuant to the recommendation of the Sr. General Manager (El), Rengali H.E. Project vide letter dated 30.3.2002 within a period of three months from the date of communication of that order. In compliance of the order dated 07.08.2015, the matter was examined in accordance with the direction of this Court and decision taken on the subject was communicated to the Petitioner. The Petitioner was informed that the pay scale of Rs.3600-6550/- allowed to him vide Office Order No.ll405 dated 04.09.2001 is legal and justified and his claim for the scale of pay of Rs.4400-7905/- is devoid of merit. 24. In view of the submissions made above, he contends that this Writ Petition preferred by the Petitioner has no merit and accordingly, liable to be dismissed. 25. Perused the documents filed along with the prayer etc. in the Writ Petition, the impugned order, order dated 07.08.2015 passed by this Court in O.J.C. No.562 of 1997 and the recommendation dated 30.03.2002 made by the Opposite Party No.5/ Senior General Manager (Ele.), Rengali Hydro Electric Project, Rengali Dam Site, in the district of Angul. This Court also went through the extract of the order dated 07.08.2015 passed by this Court in O.J.C. No.562 of 1997 as follows: “Heard Mr. A.S. Nandy, learned counsel for the petitioner and B.K. Nayak, learned counsel for Opposite Party No.1. The petitioner files this application seeking for a direction to the opposite parties to grant the benefit of scale of pay admissible to him in accordance with law. Considering the submission made by the learned counsel for the parties and on perusing the materials Page 9 of 11 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 17-May-2024 16:46:43 available on record, it appears that the Senior General Manager (Electrical), Rengali H.E. Project, Rangali vide letter dated 30.03.2002 in Annexure-10 recommended the case of the petitioner to the Director (HRD), Orissa Hydro Power Corporation Ltd. to allow him the scale of pay of Rs.4400-7905/- w.e.f.1.4.1997. In that view of the matter, let the Director (HRD), Orissa Hydro Power Corporation Ltd. consider the case of the petitioner pursuant to the recommendation made in Annexure-10 within a period of three months from the date of communication of this order. Xx xx xx xx xx xx” 26. Moreover, the relevant portion of the recommendation dated 30.03.2002 made by the Opposite Party No.5/ Senior General Manager (Ele.), Rengali Hydro Electric Project, Rengali Dam Site, in the district of Angul is quoted herein below: “In view of the facts narrated above/ it is recommended to consider the case of Sri Golak Chandra Swain as a special case and he may be allowed to be brought over to the scale of Rs.4400-7905/- with effect from 01.04.1997” 27. A conjoint reading of the impugned order, order dated 07.08.2015 passed by this Court in O.J.C. No.562 of 1997 and the recommendation dated 30.03.2002 made by the Opposite Party No.5/ Senior General Manager (Ele.), Rengali Hydro Electric Project, Rengali Dam Site, in the district of Angul shows that on the one hand the Opposite Party No.5/ Senior General Manager (Ele.), Rengali Hydro Electric Project, Rengali Dam Site, in the district of Angul had recommended the name of the Petitioner vide letter dated 30.03.2002 Page 10 of 11 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 17-May-2024 16:46:43 to the Director (HRD), Orissa Hydro Power Corporation Ltd. Bhubaneswar to grant the scale of pay of Rs.4400~7905/- with effect from 01.04.1997 as a special case but on the other hand he has rejected the claim of the Petitioner vide impugned order dated 23.11.2015. Moreover, the Opposite Party No.5/ Senior General Manager (Ele.), Rengali Hydro Electric Project, Rengali Dam Site, in the district of Angul has not followed the direction of this Court passed in the order dated 07.08.2015 in O.J.C. No.562 of 1997 while passing the impugned order. 28. In such view of the matter, this Court is inclined to allow the prayer of the Petitioner. Accordingly, the impugned order dated 23.11.2015 under Annexure-3 passed by the Opposite Party No.5/ Senior General Manager (Ele.), Rengali Hydro Electric Project, Rengali Dam Site, in the district of Angul is quashed. The Opposite Parties/ Authorities are directed to grant the scale of pay of Rs.4400-7905/- with effect from 01.04.1997 in favour of the Petitioner. The said exercise be completed within three months from the date of submission of an authenticated copy of the present order. 29. This Writ Petition is, accordingly, disposed of being allowed. Judge ( Dr. S.K. Panigrahi) B. Jhankar Page 11 of 11