The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C)(OAC) No.1360 of 2014 Susanta Kumar Tripathy …. Petitioner -versus- State of Odisha & Ors. …. Opposite Parties CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY
Decision
ORDER 03.03.2023 Order No 07. 1.This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard Mr. J.K. Rath, learned Sr. Counsel appearing for the Petitioner and Mr. D.K. Mohanty, learned Addl. Standing Counsel appearing for the Opp. Parties. 3. Even though the Petitioner has filed the present writ petition with multiple prayers, but in course of hearing Mr. Rath, learned Sr. Counsel confined his prayer with regard to extension of the scale of pay as is made applicable as against the post of Asst. Executive Engineer in Jr. Class-I Branch in the Pay Band-3, Rs.15, 600/- - 39,100/- with Grade Pay of Rs.5,400/- in terms of the resolution issued by the Govt. in the Department of Water Resources on 22.12.2011 under Annexure-7. 4. Learned Sr. Counsel appearing for the Petitioner contended that pursuant to the order passed by this Court on 08.08.2012 in W.P.(C) No. 11066 of 2012, the Petitioner was promoted to the rank of Asst. Engineer (Electrical) in the scale of pay of Rs.9,300/- – 34,800/- with Grade Pay of Rs. 4, 600/- in Pay Band-2 with retrospective effect from 15.11.2010 i.e. the date his junior Sri Dhruba Charan // 2 // Dwibedi was so promoted to the rank of Asst. Engineer (Electrical) on ad hoc basis till receipt of the recommendation from OPSC or till his date of retirement on attaining the age of superannuation, whichever is earlier. 5. It is contended that prior to passing of the order under Annexure- 5, Govt. in the Department of Water Resources had already issued a Resolution on 22.12.2011 under Annexure-7, wherein it was declared that the entry level post in the cadre of Odisha Engineering Service shall be at the level of Asst. Executive Engineer in Junior Class-I Branch in the Pay Band-3 i.e. Rs. 15,600/- - Rs.39,100/- with Grade Pay of Rs.5,400/-. Accordingly, it is contended that since by the time the Petitioner was so promoted to the rank of Asst. Engineer vide order dtd.21.12.2012 under Annexure-5, the post in question was already re-designated as Asst. Executive Engineer (Jr. Class-I Branch) in the Pay Band-3 i.e. Rs. 15600- 39,100/- with Grade Pay of Rs.5,400/-, the Petitioner should have been allowed with that scale instead of allowing the scale of pay of Rs.9,300/- - Rs. 34,800/- + Grade Pay of Rs.4,600/- in Pay Band-2. 6. It is also contended that while in receipt of the benefit in terms of Annexure-5, the Petitioner retired from his service on 31.12.2013. However, till his retirement the scale of pay as indicated in Annexure-7 was never extended and accordingly while filing the present writ petition with such prayer, other prayers were also made. However, the Petitioner only confines his claim with regard to scale of pay applicable to his post in terms of Annexure-7. 7. Mr. D.K. Mohanty, learned Addl. Standing Counsel on the other hand made his submission basing on the stand taken in the counter affidavit. It is contended that in terms of the order passed by the Hon’ble Apex Court in Civil Appeal No. 8322 of 2009 and batch of Page 2 of 4 // 3 // cases on 19.02.2014, the Petitioner was extended with the benefit of Grade Pay of Rs.6, 600/- vide Office order dtd.18.02.2020 of the Govt. in the Department of Energy. Accordingly, it is contended that since the Petitioner has already got the benefit of higher Grade Pay, the prayer of the Petitioner to get the benefit of the scale of pay in terms of Annexure-7 is not sustainable. It is also contended that the Petitioner is not otherwise eligible to get the scale of pay as indicated in Annexure-7. 8. To the aforesaid submission of Mr. D.K. Mohanty, learned ASC, Mr. Rath, learned Sr. Counsel contended that claiming extension of the higher Grade Pay in terms of the Judgment passed by the Hon’ble Apex Court on 19.12.2014, the Petitioner had also approached the Tribunal in O.A. No. 3142 of 2018. The benefit of higher Grade Pay was extended in his favour vide order dtd.18.02.2020 in terms of the order passed by the Tribunal in O.A. No. 3142 of 2018. Accordingly, it is contended that the claim as made in the present writ petition has nothing to do with the claim made by the Petitioner in O.A. No. 3142 of 2018 and extension of the benefit. 9. Having heard learned counsel appearing for the Parties and after going through the materials available on record, it is not disputed that in terms of the order passed by this Court on 08.08.2012 in W.P.(C) No. 11066 of 2012, the Petitioner was promoted to the rank of Asst. Engineer (Electrical) in the scale of pay of Rs.9,300/- – Rs.34,800/- with Grade Pay of Rs.4, 600/- in Pay Band-2 with retrospective effect from 15.11.2010. But it is found from the record that by the time the Petitioner was so promoted to the rank of Asst. Engineer, the Resolution dtd.22.12.2011 was already in existence and as per the said resolution issued under Annexure-7, the entry level post in the Odisha Engineering Service Cadre was Page 3 of 4 // 4 // treated as Asst. Executive Engineer in Junior Class I Branch with the scale of pay of Rs.15, 600 – Rs. 39, 100/- with Grade Pay of Rs. 5, 400/-. 10. Therefore, as per the considered view of this Court since by the time the Petitioner was extended with the benefit vide order dtd.21.12.2012 under Annexure-5, the resolution under Annexure-7 was already in existence, the Petitioner should have been promoted to the rank of Asst. Executive Engineer which is the base level post in the Orissa Engineering Service Cadre instead of giving promotion to the post of Asst. Engineer with the scale of pay of Rs.9, 300/- - Rs. 34, 800/- in Pay Band-2. Therefore, this Court while disposing the writ petition, directs the Opp. Party No. 1 to extend the benefit of the scale of pay as indicated in Resolution dtd.12.12.2011 under Annexure-7 in favour of the Petitioner w.e.f.22.12.2011 till he retired from his service on 31.12.2013. The differential salary as due and admissible on such sanction of the scale of pay shall be released in favour of the Petitioner within a period of two (2) months from the date of receipt of this order. 11. This Court further directs the Opp. Party No. 1 to revise the pension and pensionary benefits of the Petitioner accordingly and also to release of the differential benefits within a further period of one (1) months. 12. The writ petition is disposed of with the aforesaid observation and direction. (Biraja Prasanna Satapathy) Judge Sneha Page 4 of 4