JUSTICE v. NARASINGH ORDER
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 32178 of 2021 Suprava Nayak …. Petitioner Mr. R. Nayak, Advocate -versus- …. Opposite Parties 1. State of Odisha 2. Director of Health Services, Odisha, Bhubaneswar 3. Director of Medical Education and Training Odisha, Bhubaneswar 4. District of Nursing, Odisha, Bhubaneswar 5. Dean & Principal, SCB Medical College, Cuttack 6. Superintendent, SCB Medical College & Hospital, Cuttack Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH ORDER 10.04.2025 Order No. 11. 1. Heard learned counsel for the Petitioner and learned Additional Government Advocate for the State. 2. The present writ petition has been filed by the Petitioner working as Nursing Officer seeking benefits Page 1 of 8 of financial up-gradation in terms of RACPs and the prayer of the Petitioner runs thus:- “It is therefore prayed that this Hon’ble Court may graciously be pleased to consider the facts stated above and issue a writ of mandamus directing the Opp. Parties to grant the following reliefs:- On modification of the orders at Annexure-7, 11 and 18;
Legal Reasoning
(i) to grant the First Financial Upgradation under the RACP Scheme on completion of 10 years of service with effect from 01.01.2001 applicable w.e.f. 30.06.2015 with Grade Pay of Rs.4,600/- which is applicable to the post of Asst. Nursing Superintendent, the 1st Promotional Post of the petitioner; (ii) to grant the 2nd Financial Upgradation under the RACPS on completion of 20 years of service w.e.f. 01.01.2011 applicable w.e.f. 30.06.2015 with Grade Pay of Rs.4800/-, which is applicable to the post of Deputy Nursing Superintendent, the 2nd promotional post of the petitioner; and (iii) to grant the 3rd Financial Upgradation on completion of 30 years of service w.e.f. 14.01.2021 under the provision of M.A.C.P. Page 2 of 8 applicable w.e.f. 01.01.2016 only after granting of proper Grade Pays on 1st and 2nd Financial Upgradations “under RACPs as stated in (i) and (ii) above and thereafter properly fixing the pay in the Revised Pay of 7th Pay Revision w.e.f. 01.01.2016 as per the Fitment Principle prescribed for 7th Pay Revision and finally granting the 3rd Financial Upgradation w.e.f. 14.01.2021 by placing the petitioner at the appropriate level and cell in the Pay Matrix equal with that of the Nursing Superintendent, which is 3rd Promotional post of the petitioner; and (iv) to direct the Opp. Parties to grant the above reliefs within a stipulated time; xxx xxx xxx” 3. Opposing such contention of the Petitioner, counter affidavit has been filed by the learned counsel for the State and paragraphs 12 to 14 of the said counter affidavit are extracted hereunder:- “12. That in reply to the averments
Decision
made in para-7 and 8 of the writ petition, it is to state that it is a fact that the recommendation of the 6th Pay Commission was made applicable to the State Govt. employee in the year 2008 giving effect to the Page 3 of 8 same from 01.01.2006 vide Notification No.55244 Dt.24.12.2008. However, the petitioner did not incline to avail ACP rather exercised option for grant TBA. Accordingly, petitioner was allowed 1st Financial up- gradation on exercising option under TBA (Time Bound Advancement) scale of pay and her pay was fixed at Rs.6,000/- in the scale of pay of Rs.4750-125-7500/- w.e.f. 14.01.2006 vide this office Order No.12948 Dt.09.06.2010. Subsequently, as per the clarification contained in ORSP Rules 2008, the pay of the petitioner was re-fixed @ Rs.11160/- with Grade Pay of 4200/- in the scale of pay Rs.9300-34800/- and G.P. 4200/- w.e.f 01.01.2006 vide the office Order dtd.09.06.2010 supra. A copy of Order No. 12948 Dt.09.06.2010 is annexed herewith as Annexure-C/6. 13. That it is further respectfully submitted that subsequently RACP Scheme was introduced and notified vide Finance Department Resolution No.3560/F Dt.06.02.2013 which was effective from 01.01.2013 wherein it is provided that there shall be three financial up-gradations in the entry grade of an employee on completion of Page 4 of 8 10, 20 and 30 years of service in a single cadre in absence of promotion. Clause-10 of the Resolution did.06.02.20I3 stipulates that the employees of the cadre having promotional hierarchy will get the Grade Pay of the promotional post. Consequently, the petitioner on completion of 20 years, was granted 2nd financial up-gradation under RACP Scheme as per the promotional hierarchy of prevailing nursing cadre by fixing her pay to Rs.15,280/- + Grade Pay 4,200/- with 3% additional increment in scale of Pay Band PB- II-Rs.9300—34800/- with Grade Pay 4200/- w.e.f. 01.01.2013 vide this office Order No.5387 Dt.12.03.2018 as per Finance Department Resolution No.3560/F Dt.06.02.2013. A copy of Order No.5387 Dt.l2.03.2018 is annexed herewith as Annexure-D/6. It is further submitted that as per the Govt., Health & F.W. Deptt., Odisha Resolution No.19526/H Dt.26.07.2018, subsequently the petitioner was allowed to draw the enhanced G.P. @4600/- w.e.f. 30.06,2015 in the existing pay i.e. Rs.16480/- on completion of 20 years of Govt. service vide office Order No. 10913 Dt.06.05.2019 i.e. in the pre-revised scale of Page 5 of 8 pay band PB-2 (Rs.9300-34800)+G.P. Rs.4600/-. The petitioner has accepted the above two financial up-gradations without any objection and at the lime of third financial up- gradation to the next higher grade pay i.e from Rs.4600/- to Rs.4800/-, he has claimed higher grade pay of Rs.5400/-, which is not sustainable in the eye of law. 14. That it is humbly submitted that the MACP Scheme was introduced under ORSP Rules, 2017 which is to be effective 01.01.2016. Accordingly, the petitioner was granted 3rd Financial Up-gradation on completion of 30 years of service under MACP Scheme by fixing the pay to Rs.68,000/- in the pay matrix Level-11, Cell-13 w.e.f. l4.01.2021 under ORSP Rules, 2017 i.e. in the pre-revised scale of pay band PB-2 (Rs.9300-34800) + G.P. Rs.4800/-.” 4. Rebutting the assertions in the said counter affidavit, the Petitioner has filed rejoinder affidavit reiterating her stand. In addition thereto, the Petitioner has filed an additional affidavit. 5. Referring to the resolution dated 13.02.2025 passed by the Finance Department relating to RACPs Page 6 of 8 for the State Government Employees effective under ORSP Rules, 2008 and the modification thereof, the Petitioner has made a representation to the Director of Nursing, Odisha-Opposite Party No.4. 6. Considering the nature of the grievance, since the Petitioner has ventilated it through Annexure-R/2 as referred to hereinabove, relying on the modifications of the RACP dated 13.02.2025, this Court is of the considered view that ends of justice would be sub-served if the authorities are directed to take a decision on such representation. 7. To cut out any further delay, liberty is granted to the Petitioner to submit a fresh representation along with the copy of the writ petition and this order within a period of two weeks hence to the Secretaries, Health and Finance and Director of Nursing, Odisha, Bhubaneswar, who are called upon to examine the matter and take a decision regarding the entitlement of the Petitioner and communicate the same within a period of eight weeks from the date of receipt of such representation. Page 7 of 8 8. Accordingly, the writ petition stands disposed of. U.C.C. as per rules. (V. Narasingh) Judge Ayesha Signature Not Verified Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-Apr-2025 11:17:32 Page 8 of 8