The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C)(OAC) No.300 of 2018 Saroj Kumar Nayak …. Petitioner Mr. S.S. Das, Advocate -versus- State of Odisha & Ors. …. Opposite Parties Mr. S.K. Samal, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY
Decision
ORDER 03.04.2023 Order No 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard Mr. S.S. Das, learned counsel for the Petitioner and Mr. S.K. Samal, learned Addl. Govt. Advocate appearing for the Opp. Parties. 3. The present writ petition has been filed inter alia with the following prayer:- <i) Let the Authorities be directed to grant the applicant revised scale of pay of Rs.4750/- - Rs.7500/- from 20.07.1999 i.e. the date of his appointment along with all consequential service benefits flowing from the conditions of service attached to the post of Project Operator, ii) Let the Authorities be further directed to release the consequential salary component both current and arrear in his favour in the revised scale of pay, And // 2 // iii) Let any other Order(s)/Direction(s) be passed deem fit and proper under the facts and circumstances of the case.= 4. Learned counsel for the Petitioner contended that pursuant to the order passed by the Tribunal in O.A. No. 1705(C) of 1999, the Petitioner was provided with the appointment as against the post of Project Operator vide order dtd.01.12.2016 under Annexure-2. It is contended that the Petitioner was so appointed as against the post of Project Operator w.e.f.01.12.2001 against the vacancy caused due to the promotion of one Pravakar Jaysingh who was earlier working as against the said post. 4.1. It is contended that subsequent to his appointment under Annexure-2, vide order dtd.03.07.2017 under Annexure-3 the Petitioner was given the scale of pay of Rs. 3,200/- - Rs.4,900/-. It is contended that Sri Pravakar Jaysingh who was earlier continuing as against the post in which the Petitioner was appointed w.e.f.01.12.2001, was allowed the enhanced pay scale in the scale of pay Rs.4,750/- - Rs.7,500/- vide order dtd.12.03.2014 under Annexure-4 while implementing the order passed by the Tribunal in O.A. No. 226 of 2001. The Petitioner seeking grant of the scale of pay as was allowed in favour of Pravakar Jaysingh moved an application under Annexure-5 and when that was not considered, the present writ petition was filed with the aforesaid prayer. 4.2. It is contended that the Petitioner though was appointed as against the post earlier occupied by Sri Pravakar Jaysingh w.e.f.01.12.2001, but the Petitioner was not given the financial benefit from the said date till his joining. It is contended that the Petitioner pursuant to the order at Annexure-2 joined on Page 2 of 5 // 3 // 05.12.2016. It is further contended that since while implementing the order passed by the Tribunal in O.A. No. 226 of 2001 the earlier occupier of the post of Project Operator namely Sri Pravakar Jaysingh was allowed enhanced pay scale in the scale of pay Rs.4,750/- -Rs.7,500/-, the Petitioner is entitled to get the benefit of the said scale from the date of his appointment i.e.01.12.2016. 5. Mr. S.K. Samal, learned Addl. Govt. Advocate on the other hand contended that even though there is no dispute that the Petitioner was appointed as against the post where Sri Pravakar Jaysingh was continuing w.e.f.01.12.2001 vide order dtd.01.12.2016 under Annexure-2, but the Petitioner cannot claim the benefit so extended in favour of Sri Pravakar Jaysingh. It is contended that the enhanced scale was allowed in favour of Sri Pravakar Jaysingh while implementing the order passed by the Tribunal on 15.05.2013 in O.A. No. 226 of 2001. It is also contended that the scale of pay extended in favour of Sri Pravakar Jaysingh cannot be held as the scale attached to the post of Project Operator. Accordingly, it is contended that the Petitioner is not entitled to get the benefit of the scale of pay as was allowed in favour of Sri Pravakar Jaysingh. 6. Heard learned counsel for the Parties. Perused the materials available on record. It is found that in terms of the order passed by the Tribunal on 17.07.2015, the Petitioner was appointed as a Project Operator w.e.f.01.12.2001 and the said post was earlier occupied by Sri Pravakar Jaysingh. As found from Annexure-4, pursuant to the order passed by the Tribunal in O.A. No. 226 of 2001 Sri Pravakar Jaysingh who was earlier in receipt of the scale of pay of Rs. 3,200/- - Rs. 4,900/-, was allowed the enhanced pay scale in the scale of pay Rs. 4,750/- - Rs.7,500/-. The Petitioner on Page 3 of 5 // 4 // his appointment vide order under Annexure-2 when was allowed to the scale of pay of Rs. 3,200/- - Rs. 4,900/-, the Petitioner claiming the benefit of the scale of pay of Rs. 4,750/- - Rs.7,500/- so extended in favour of Pravakar Jaysingh approached the authority under Annexure-5. But from the counter filed by the Opp. Party No. 2 it is found that the Opp. Party has taken the stand that the Petitioner is not entitled to get the benefit of the scale of pay so allowed in favour of Sri Pravakar Jaysingh as he is not a party in O.A. No. 226 of 2001. 6.1. This Court is quite surprised with the view taken by the O.P. No. 2 in taking a plea that the Petitioner since is not a party to O.A. No. 226 of 2001, he cannot avail the benefit of the said order. Since the Petitioner was appointed only in the year 2016, there is no occasion on the part of the Petitioner to be a party in the case filed in 2001. But it is found that the order passed by the Tribunal in O.A. No. 226 of 2001 under Annexure-6 to the writ petition was implemented by the Opp. Parties by extending higher scale i.e. the scale of pay of Rs. 4,750/- - Rs.7,500/- in place of Rs. 3,200/- - Rs.4,900/- in favour of Sri Pravakar Jayasingh. After going through the materials available on record it is the view of this Court that the Petitioner since is continuing as against the post earlier occupied by Sri Pravakar Jaysingh, the Petitioner is also eligible and entitled to get the benefit of the scale of pay of Rs. 4,750/- - Rs.7,500/- from the date of his joining i.e.05.12.2016. While holding so, this Court dispose of the writ petition with a direction on the Opp. Party No. 2 to extend the benefit of scale of pay of Rs. 4,750/- - Rs.7,500/- in favour of the Petitioner w.e.f.05.12.2016. After allowing such benefit the differential salary as due and admissible be released in Page 4 of 5 // 5 // favour of the Petitioner. The entire exercise shall be completed within a period of three (3) months from the date of receipt of this order. 7. The writ petition is accordingly disposed of. (Biraja Prasanna Satapathy) Judge Sneha Page 5 of 5