Orissa High Court
Case Details
ORISSA HIGH COURT : CUTTACK W.P.(C) No.28857 of 2023 In the matter of an Application under Articles 226 and 227 of the Constitution of India, 1950 *** Sri Ratnakar Sahoo Aged about 60 years Son of Late Shyam Sahoo At/P.O./P.S.: Rajranpur District: Nayagarh. … Petitioner. -VERSUS- 1. State, of Odisha Represented through Principal Secretary General Administration and Public Grievance Department Lok Seva Bhawan, Bhubaneswar District: Khordha. 2. Nodal Officer Odisha Administrative Tribunal Bhubaneswar, At/P.O.: Bhubaneswar District: Khordha … Opposite parties. Counsel appeared for the parties: For the Petitioner : M/s. Sameer Kumar Das, Prakash Kumar Behera, Nirajan Jena, Advocates W.P.(C) No.28857 of 2023 Page 1 of 9 For the Opposite parties
Legal Reasoning
: Mr. Arnav Behera, Additional Standing Counsel P R E S E N T: HONOURABLE MR. JUSTICE MURAHARI SRI RAMAN Dates of Hearing : 12.09.2024 :: Date of Order : 02.01.2025
Decision
ORDER Aggrieved by Office Order bearing No.E(ii)24/2023/ 688/OAT, dated 30.05.2023 of the Nodal Officer issued from the Odisha Administrative Tribunal, Bhubaneswar (Annexure-7) approving the pay recommended to be fixed by the Screening Committee in its proceeding dated 28.02.2023, which was held to comply with the direction contained in the Order dated 13.01.2023 passed by this Court in W.P.(C) No.12358 of 2022, the petitioner beseeching quashment of said Order came up in the instant writ petition claiming following relief(s): “Under the above circumstances, it is therefore humbly prayed that the Hon‟ble Court be graciously pleased to quash the Office Order No. 688/OAT, dated 30.05.2023 of the opposite party No.2 under Annexure-7 and consequential Letter dated 21.08.2023 under Annexure- 8; And further be please to direct the opposite parties to revise the pay of the petitioner in the 3rd Revised Assured Career Progression on completion of 30 years W.P.(C) No.28857 of 2023 Page 2 of 9 of service in Level-10 of the Pay Matrix with all consequential benefits by restoring his pay revision under Annexure-4; And also revise his pension and pensionary benefits and to grant him all consequential service and financial benefits including arrears within a stipulated period as deem fit and proper; And/or pass any other appropriate writ/writs, order/ orders, direction/directions in the fitness of the case. And for this act of kindness as in duty bound the petitioner shall ever pray.” 2. The petitioner, joined as Junior Grade Typist in the Odisha Administrative Tribunal, Bhubaneswar on 04.10.1990 and subsequently got promotion to the post of Senior Grade Typist. For Senior Grade Typist, the next promotional avenue is the post of Senior Assistant as per the Odisha Administrative Tribunal (Recruitment and Conditions of Service and Officers and Staff) Rules, 1999 (herein after referred to as “OAT Staff Rules, 1999”), which came into force with effect from 03.09.1999. 2.1. On the recommendations of Fitment Committee, the State Government employees are granted Assured Career Progression (“ACP”, for short) on completion of 15, 25 and 30 years of service akin to the Time Bound Advancement (“TBA”, for short) provisions of the W.P.(C) No.28857 of 2023 Page 3 of 9 Odisha Revised Scales of Pay Rules, 1998. Such provision was revised by a Finance Department Resolution dated 06.02.2013 granting three financial upgradation under the Revised Assured Career Progression Scheme (“RACPS”, for convenience) on completion of 10, 20 and 30 years. 2.2. The petitioner is to get his 2nd RACP in the promotional grade of Senior Assistant and Accordingly his pay was in fact fixed in the scale of pay Rs.9,300/- — Rs.34,800/- with Grade Pay Rs.4,200/- with financial benefit with effect from 01.01.2013. The same scale was further revised under the Odisha Revised Scale of Pay Rules, 2008 and he has been in receipt of the said benefits. 2.3. While the petitioner was so continuing and discharging his duty, Odisha Administrative Tribunal, Bhubaneswar was abolished by virtue of Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) Notification F. No. A-11014/10/2015-AT [G.S.R.552(E).], dated 2nd August, 2019), pursuant to which some of the employees were deputed and permanently absorbed in other Departments of the State Government, but the petitioner and certain other employees were allowed to continue in the said Tribunal in order to do the W.P.(C) No.28857 of 2023 Page 4 of 9 needful in transferring the records to this Court and they were assigned with administrative functions. After the closure of the Tribunal the powers and functions of the Registrar of the Odisha Administrative Tribunal were vested with “Nodal Officer”, an officer borne in the Odisha Administrative Service Cadre. 2.4. The Nodal Officer by Office Order No.3365— E(vii)/73/2021/OAT, dated 16.11.2021 while stating the petitioner to be eligible to get 3rd financial upgradation under Modified Assured Career Progression Scheme (“MACPS”, for brevity) with effect from 04.10.2020 on completion of 30 years of service, re-fixed the scale of pay at Rs.5,200/- — Rs.20,000/- with Grade Pay of Rs.2,800/- in Level-8 by rectifying/ reducing/revising the pay granted in 2nd RACPS, which had already been granted at Rs.9,300/- — Rs.34,800/- with Grade Pay of Rs.4,200/- with effect from 01.01.2013. 2.5. Claiming such revision vide Order dated 16.11.2021 is erroneous and contrary to what has been expounded by a Division Bench of this Court in Bihari Lal Barik Vrs. State of Odisha and others, W.P.(C) No.2831 of 2016 disposed of by Judgment dated 27.06.20161, the petitioner contended that the pay fixation as made in 1 Reported as State of Odisha Vrs. Bihari Lal, 2016 SCC OnLine Ori 333. W.P.(C) No.28857 of 2023 Page 5 of 9 Office Order No.5330—E(ii)/44/2014, dated 31.05.2014 (Annexure-4) was reasonable and in conformity with the rules governing the field. Therefore, assailed said Order dated 16.11.2021, approached this Court by way of filing writ petition, giving rise to W.P.(C) No.12358 of 2022, which came to be disposed of by a Single Bench vide Judgment dated 13.01.2023 with a direction to the Nodal Officer to place the matter before the Screening Committee which would take decision afresh after providing opportunity to the petitioner to furnish show cause reply. 2.6. In pursuance thereof, show cause reply being received from the petitioner, the opposite party No.2, on consideration thereto, made the following observation by Order dated 30.05.2023: “*** the following Rules/Notifications/ And whereas, Resolutions which were in vogue at the time of grant of 2nd RACP are meticulously examined as it is revealed from the proceedings dated 28.02.2023 in favour of the present petitioners: 1. Resolution of No.3560/F., dated 06.02.2013. Finance Department vide W.P.(C) No.28857 of 2023 Page 6 of 9 2. Resolution of the General Administration & Public Grievance Department vide No.3894/Gen., dated 09.02.2018. 3. Odisha Administrative Tribunal (Recruitment and Conditions of Service of Officers and Staff) Rules, 1999. And whereas, the Screening Committee in its meeting dated 28.02.2023, have decided to fix the pay as per Annexure- 'A' & „B‟ attached to the proceedings of the Screening Committee dated 28.02.2023. And whereas, the Screening the proceedings of Committee Meeting held on 28.02.2023 has been approved by the General Administration & Public Grievance Department and communicated vide Letter No. 14938/Gen., dated 22.05.2023. Now therefore, upon approval of the recommendations of the Screening Committee dated 28.02.2023, the pay fixation in favour of Sri Ratnakar Sahoo, Senior Grade Typist and Sri Biren Kumar Biswal, Senior Grade Typist of Odisha Administrative Tribunal are hereby approved as per Annexure-’A’ & ’B’ enclosed herewith as per Orders dated 13.01.2023 of the Hon‟ble High Court of Orissa passed in the W.P.(C) No.12358/2022 and W.P.(C) No.12359/2022 respectively. The above order is come into force with immediate effect.” 2.7. As a sequel to the above order, Letter bearing No.1224— E(vii)/2/2023/335/OAT, dated 21.08.2023 has been issued to the petitioner by the Officer-on- W.P.(C) No.28857 of 2023 Page 7 of 9 Special Duty, Odisha Administrative Tribunal, Bhubaneswar with the following instructions: “With reference to the Orders on the subject cited, it is stated here that an excess amount of salary to the tune of Rs.3,41,425/- (rupees three lakhs forty-one thousand and four hundred twenty-five only) has been drawn and disbursed in your favour during your service period. A copy of the excess drawal particulars are enclosed herewith for your reference. You are, therefore, requested to submit your reply within 10 days in support of your stand failing which the above action will be considered as final and recovery of the excess drawal shall be effected.” 2.8. Dissatisfied with the manner of disposal of grievance with reference to the material particulars submitted in the reply to show cause dated 20.02.2023 (Annexure- P/2 series of the counter affidavit) and erroneous approach of the opposite parties qua the averments, as taken note of in the Judgment dated 13.01.2023 rendered in W.P.(C) No.12358 of 2022 (Annexure-5), the petitioner preferred to move this Court in second round of litigation seeking to question the legality of Order dated 30.05.2023 of the opposite party No.2 (Annexure-7) and the propriety of instructions contained in the Letter dated 21.08.2023 (Annexure- 8). W.P.(C) No.28857 of 2023 Page 8 of 9 3. It is conceded at the Bar that present case is identical to the case of Biren Kumar Biswal Vrs. State of Odisha and Another, W.P.(C) No.28862 of 2023. The issues involved therein are akin to the case of the petitioner. It was submitted that the result in the said case shall abide the instant case. 4. This Court concluded hearing of the matter in Biren Kumar Biswal (supra) along with the present case on 12.09.2024 and pronounced Judgment in the said case today, i.e., 02.01.2025. 5. Under the above premises, finding similitude in facts of both the cases, it is deemed appropriate to dispose of the case of present writ petitioner in the same terms as contained in the Judgment dated 02.01.2025 rendered in Biren Kumar Biswal Vrs. State of Odisha and Another, W.P.(C) No.28862 of 2023. 6. In the result the writ petition is disposed with the observation and direction as contained in the Judgment dated 02.01.2025 rendered in Biren Kumar Biswal (supra), but in the circumstances there shall be no order as to costs. (MURAHARI SRI RAMAN) JUDGE Signature Not Verified Digitally Signed Signed by: SUCHITRA BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 02-Jan-2025 18:23:35 High Court of Orissa, Cuttack The 2nd January, 2025//Aswini/Laxmikant/Suchitra W.P.(C) No.28857 of 2023 Page 9 of 9