Orissa High Court
This Matter Is Taken Up Through ... vs With Regard To Fixation Of Grade ... on 20 January, 2021
W.P.(C) No.1879 of 2021
2. 20.01.2021 W.P.(C) No.1879 of 2021 & I.A. No.923 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.1026 of 2018, 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
2
petitioner. But subsequently, after retirement of the
petitioner, the order impugned has been passed in
Annexure-9 dated 1.01.2021, by which opposite party no.2
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 01.01.2021 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
