Orissa High Court
This Matter Is Taken Up Through ... vs With Regard To Fixation Of Grade ... on 7 January, 2021
W.P.(C) No.338 of 2021
2. 7.01.2021 W.P.(C) No.338 of 2021 & I.A. No.127 of 2021
This matter is taken up through Video Conferencing.
Heard Mr. P.K. Mohapatra, learned counsel for
petitioner.
With regard to fixation of grade pay, the petitioner
has approached the Odisha Administrative Tribunal by
filing O.A. No.754 of 2017, which has been heard in a batch
of matters connected to O.A. No.1297 of 2018 (Gadadhar
Panda v. State of Odisha, disposed of on 08.01.2018), by
which the Tribunal observing that the applicant is entitled
to the grade pay of Rs.6600/-, i.e., grade pay of promotion
post of Executive Engineer, which is a promotional post of
Jr. Engineer upon completion of 30 years of service, directed
the opposite parties to extend the benefit within a period of
three months. The aforesaid direction has been given by the
Tribunal relying upon the judgment in the case of Biharlal
Barik v. State of Orissa (O.A. No.520 of 2014, disposed of
on 12.03.2015). The judgment in Biharilal Barik
mentioned supra was challenged by the State before this
Court in W.P.(C) No.2831 of 2016, which was dismissed vide
judgment dated 27.06.2016. Against the order passed by
this Court, the State preferred SLP No.20358 of 2017, which
was also dismissed vide order dated 23.08.2017. Thereby,
the judgment rendered by the Tribunal in Biharlilal Barik
supra has been affirmed and though basing upon the said
judgment Tribunal extended the benefit to the petitioner,
the State Government implemented the said order and
granted grade pay of Rs.6600/- towards financial up-
gradation under RACP and that was enjoyed by the
petitioner. But subsequently, after retirement of the
2
petitioner, the order impugned has been passed in
Annexure-9 dated 28.12.2020, by which opposite party no.4
returned the pension paper of the petitioner and stated that
the petitioner is not entitled to grade pay of Rs.6600/- and
directed for recovery of excess drawal from the petitioner.
Mr. P.K. Mohapatra, learned counsel for the petitioner
contended that the order impugned has been passed
without complying the principles of natural justice and also
without taking into consideration the background on which
the petitioner has been extended such benefit.
In the opinion of this Court, the matter requires
consideration.
Issue notice to the opposite parties.
Four extra copies of the writ petition be served on
learned State counsel appearing for opposite parties no.1 to
4 within three days enabling him to obtain instructions or
file counter affidavit.
As an interim measure, it is directed that there shall
be stay operation of the order dated 28.12.2020 passed by
the Engineer-in-Chief, Water Resources, Odisha,
Bhubaneswar under Annexure-9 till 03.02.2021.
As restrictions are continuing due to COVID-19,
petitioner(s) may utilize the soft copy of this order available
in the High Court's website or print out thereof at par with
certified copies in the manner prescribed, vide Court's
Notice No.4587, dated 25.03.2020.
...............................
(Biswanath Rath, J.)
Ayas
