The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.41143 of 2023 Pranatosh Acharya …. Petitioner Mr. B. Maharana, Adv. -versus- State of Odisha & Others …. Opp. Parties Mr. A. Tripathy, AGA None for O.P. No.3 CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No 12. 1. This matter ORDER 21.04.2025 is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
Facts
2. Heard learned counsel for the parties. 3. The present Writ Petition has been filed inter alia challenging order dated 16.10.2023, so passed by O.P. No.1 under Annexure-17. Vide the said order, claim of the petitioner to get the benefit of the scale of pay of Rs.9300- 34,800/- with Grade Pay of Rs.4200/- in terms of Finance Department Resolution No.21689 dated 26.06.2013 was rejected. 4. Learned counsel for the petitioner contended that petitioner was appointed as a Resource Librarian (Junior) in the college of Mining and Engineering vide order of appointment issued on 30.11.2004 under Annexure-4. It is contended that while so continuing in terms of the order // 2 // of appointment issued under Annexure-4 and on creation of the posts by the Govt.-O.P. No.1 vide letter dated 16.04.2008 under Annexure-6, petitioner vide office order dated 05.08.2015 under Annexure-10 was regularized as against the post of Jr. Librarian against the post of Asst. Librarian in the Pay Band Rs.5200/-- 20,200/- with Grade Pay of Rs.1900/-. 4.1. It is contended that on being so regularized as against the post of Jr. Librarian, petitioner though in terms of the Resolution issued by the Finance Department on 26.06.2013 under Annexure-17 series, became eligible and entitled to get the benefit of Scale of Pay of Rs.9300/-- Rs.34,800/- with Grade Pay of Rs.4200/-, but the same when was not extended, he approached this Court by filing W.P.(C) No.16554 of 2023. 4.2. This Court vide order dated 18.05.2023 under Annexure-15, when directed O.P. No.1 to take a decision on the petitioner’s claim to get the aforesaid Scale of Pay, but on the ground that Resolution dated 26.06.2013 is only applicable to the post of Librarian and petitioner since was regularized as against the post of Jr. Librarian, was held not eligible to get the said benefit. While holding so, claim of the petitioner was rejected vide the impugned order dated 16.10.2023 under Annexure-17.
Legal Reasoning
4.7. It is further contended that, there is no dispute with regard to the qualification of the petitioner being a graduate, he having passed the same in the examination held in the year 1987 from Utkal University. 4.8. Making all these submissions, learned counsel for the petitioner contended that petitioner is eligible and entitled to get the benefit of the Scale of Pay of Rs.9300/-- Rs.34800/- with Grade Pay of Rs.4200/-, from the date he was so regularized vide order dated 06.08.2015 under Annexure-10. 5. Learned Addl. Govt. Advocate on the other hand made his submission basing on the stand taken in the counter affidavit so filed by O.P. No.3 as well as the counter affidavit filed by O.P. Nos.1 and 4. It is the main contention of the learned Addl. Govt. Advocate, that since the petitioner is regularized as against the post of Jr. Librarian (in the post of Asst. Librarian) vide order dated Page 4 of 7 // 5 // 06.08.2015 under Annexure-10, Finance Department Resolution Dated 26.06.2013 only being applicable to the employees working as against the post of Librarian, petitioner’s claim in terms of the earlier order was duly considered and rejected vide the impugned order dated 16.10.2023 under Annexure-17. 5.1. It is contended that since petitioner was regularized as against the post of Jr. Librarian and Resolution dated 16.08.2023 so issued by the Finance Department is only applicable to the employees working as against the post of Librarian, petitioner is not eligible and entitled to get the benefit of the pay scale as claimed in the present writ petition. 6. Having heard learned counsel for the parties and considering the submissions made, this Court finds that petitioner while continuing as a Resource Librarian in the establishment of O.P. No.4, on creation of the post so made by the Govt. in the department of Industries vide letter dated 10.04.2008 under Annexure-6, petitioner was regularized as against the post of Junior Librarian (against the post of Asst. Librarian) vide order dated 05.08.2015 of O.P. No.4 under Annexure-10 in the Pay Band of Rs.5200- 20200/- with Grade Pay of Rs.1900/-. 6.1. Petitioner on being so regularized as against the post of Jr. Librarian, raised his claim to get the benefit of scale of pay of Rs.9300/--Rs.34,800/- with Grade Pay of Rs.4200/- in terms of Resolution issued by the Finance Page 5 of 7 // 6 // Department on 26.06.2013 under Annexure-17 series. When such claim of the petitioner was not considered, petitioner approached this Court by filing W.P.(C) No.16554 of 2023. This Court vide order under Annexure- 15, directed O.P. No.1 to take a decision on the petitioner’s claim. 6.2. But as found from the impugned order dated 16.10.2023, claim of the petitioner has been rejected on the ground that Resolution dated 16.08.2013 is only applicable as against the post of Librarian and petitioner since was regularized as against the post of Jr. Librarian (against the post of Asst. Librarian) vide order dated 05.08.2015, petitioner is not eligible to get the benefit. 6.3. This Court taking note of the clarification issued by the Govt. in the department of Higher Education on 30.09.2014 under Annexure-18 and the benefit extended in favour of Sri Ashok Kumar Dash, Jr. Librarian, Govt. Autonomous College, Angul as per the information provided to the petitioner under RTI, so enclosed to the Addl. affidavit, and extension of the similar benefit vide Notification dated 27.09.2014 under Annexure-19, is of the view that petitioner’s claim has been illegally rejected. 6.4. Taking note of the clarification issued under Annexure-18 vis-(cid:224)-vis the benefit extended in favour of similarly situated Jr. Librarian/Asst. Librarian vide notification dated 27.09.2014 under Annexure-19 as well as the benefit extended in favour of Ashok Kumar Dash, Page 6 of 7 // 7 // this Court is inclined to quash order dated 16.10.2023 so passed by O.P. No.1 under Annexure-17. 6.5. While quashing the said order, this Court remits the matter to O.P. No.1 to take a fresh decision on the claim of the petitioner taking into account the clarification issued by the Department of Higher Education on 30.09.2014 under Annexure-18 and the benefit extended in favour of similarly situated Jr. Librarian vide notification dated 27.09.2014 under Annexure-19 as well as the benefit extended in favour of Ashok Kumar Dash. This Court directs O.P. No.1 to take a fresh decision as directed within a period of 2 (two) months from the date of receipt of this order. On such consideration, if the petitioner will be found eligible to get the benefit of the Scale of Pay, consequential follow up action be also taken within the aforesaid time period. 7.
Arguments
4.3. Learned counsel for the petitioner contended that as provided in the Resolution dated 26.06.2013 so issued by Page 2 of 7 // 3 // the Finance Department, Govt. was pleased to revise the Scale of Pay and Grade Pay of Librarians as follows:- 1 Librarians having Degree with Degree/Diploma in Library Science Rs.9300-34800+ GP Rs.4200/- 2. Librarians with Degree but no Degree/Diploma in Library Science Rs.9300-34800+ 3. Librarians without Degree GP Rs.4200/- Rs.5200-20200+ GP Rs.2000 4.4. Placing reliance on the aforesaid Resolution dated 26.06.2013 and the clarification issued by the Govt. in the department of Higher Education on 30.09.2014 under Annexure-18, learned counsel for the petitioner contended that the aforesaid Resolution is applicable to the part of Librarians, irrespective of the description of the part as Jr. Librarian/Asst. Librarian/Librarian. 4.5. It is also contended that in terms of the clarification issued by the Govt. in the Department of Higher Education on 30.09.2014 under Annexure-18, benefit of the pay scale so claimed by the petitioner in the present Writ Petition, has been extended, as per the information obtained by the petitioner under RTI. 4.6. It is also contended that similar benefit of scale of pay has also been extended in favour of Jr. Librarian/Asst. Librarian vide notifications issued by the Department of Higher Education, Govt. of Odisha under Annexure-19. It is accordingly contended that taking into Page 3 of 7 // 4 // account the stipulations contained in Resolution dated 26.06.2013 vis-(cid:224)-vis the clarification issued by the Govt. in the department of Higher Education on 30.09.2014 under Annexure-18 and the benefit extended in favour of similarly situated Jr. Librarian/Asst. Librarian vide notification issued under Annexure-19, claim of the petitioner could not have been rejected on the ground indicated in the impugned order dated 16.10.2023 under Annexure-17. Hence the impugned order is not sustainable in the eye of law.
Decision
The Writ Petition accordingly stands disposed of. (Biraja Prasanna Satapathy) Judge Basudev Signature Not Verified Digitally Signed Signed by: BASUDEV SWAIN Designation: SR. STENO Reason: Authentication Location: High Court of Orissa, Cuttack Date: 25-Apr-2025 17:45:06 Page 7 of 7