Orissa High Court
Bibhuti Bhusan Mohapatra vs State Of Odisha & Ors on 23 August, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC (OAC) No. 2137 of 2017
Bibhuti Bhusan Mohapatra .... Petitioners
& Ors.
Mr. S.B. Mohanty, Adv.
-Versus -
State of Odisha & Ors. .... Opposite Parties
Mr. M. Balabantaray, Standing
Counsel for the State
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
23.08.2021
Order No. 1. This matter is taken up through hybrid mode.
01.
2. Heard learned counsel for the parties.
3. The petitioners have filed this writ petition seeking direction
to opposite parties to revise the pay of the petitioners in the
higher scale as admissible in the post of regular Executive Officer
at par with their counter part coming from OAS cadre in view of
Rule- 74 (b) of Odisha Service Code read with the judgment of
the Hon'ble Supreme Court of India rendered in Civil Appeal No.
213 of 2013 delivered on the principle of equal pay for equal
work and higher pay in the higher post and the pension of the
applicants be revised accordingly and further arrear be made for
revised pay from the year 1996, the date of holding the
promotional post, and the pension be revised accordingly.
4. Mr. S.B. Mohanty, learned counsel for the petitioners
contended that for the benefit of higher scale for the higher post
at par with their counter parts coming from OAS Cadre, the
petitioners have approached the Tribunal by filing O.A. Though
the said O.A. has been filed in the year 2017, till date no counter
affidavit has been filed. At this state, he submits that the
petitioners may be permitted to file fresh representation
incorporating the judgments of the apex Court as well this Court,
so that the authority can apply his mind and extend the benefit of
higher scale as admissible to the petitioners under Rule 74 (b) of
the Orissa Service Code, which has been extended to their
counter parts coming from OAS cadre.
5. Mr. M. Balabantaray, learned Standing Counsel for the State
submits that if the petitioners have and grievance, they may
approach the authority concerned, so that the same can be
considered.
6. Having heard learned counsel for the parties and after going
through the records, without expressing any opinion on the merits
of the case, this Court disposes of this writ petition permitting the
petitioners to file a fresh representation before the authority
concerned within a period of fifteen days along with the
judgments of the apex Court as well as this Court. If such
representation is filed within the time stipulated, the claim of the
petitioners for grant of higher scale under Rule 74(b) of the
Orissa Service Code can be considered and disposed of within a
period of three months thereafter.
7. With the above observation and direction, the writ petition is
disposed of.
8. Issue urgent certified copy as per rules.
(Dr. B.R. Sarangi)
A.K. Rana Judge
