WP(C)/37576/2020
2021 Latest Caselaw 805 Ori

                            W.P.(C) No. 37576 of 2020




02.   25.01.2021          This matter is taken up through video conferencing.
                          Heard     Mr.      A.    Sahoo,   learned    counsel    for    the
                   petitioners.
                          The petitioners have filed this writ petition seeking to
                   quash the resolution dated 22.12.2017 under Annexure-2
                   regarding fixation of pay in Accordance with O.R.S.P. Rule,
                   2017 on notional basis with effect from 01.01.2016 and
                   actual financial benefit with effect from 01.10.2017 and
                   further seek for a direction to opposite parties to avail the
                   financial benefit with effect from 01.01.2016 instead of
                   01.10.2017 as per Odisha Revised Scale of Pay Rules, 2017
                   and the differential arrears may be calculated and paid to
                   them within a time to be stipulated by this Court.
                          Mr. A. Sahoo, learned counsel for the petitioners
                   submits that as per the aforesaid resolution though benefits
                   have been extended to the petitioners from 01.10.2017, but
                   they   are     entitled    to   such     benefits   with   effect    from
                   01.01.2016 to September, 2017, since the scale of pay has
                   been fixed notionally for the said period. In course of
                   hearing, learned counsel for the petitioners states that
                   highlighting the grievance, the petitioners have made
                   representation to opposite party no.1 vide Annexure-3, but
                   no decision has yet been taken. Therefore, the same may be
                   considered in the light of the judgment passed by this Court
                   in Smt. Dipti Roy v. State of Orissa and others, 2004 (II)
                   OLR 718 and Bijay Ketan Khatua v. State of Orissa and
                   others, 2015(I) OLR 452.
                                         2




              Considering the limited grievance of the petitioners,
        without expressing any opinion on the merits of the case,
        this Court disposes of this writ petition directing opposite
        party no.1 to take a decision on the representation filed by
        the   petitioners vide    Annexure-3 in         the   light   of the
        judgments in Smt. Dipti Roy and Bijay Ketan Khatua
        (supra) and pass appropriate order in accordance with law
        within a period of three months from the date of production
        of certified copy this order.
              Issue urgent certified copy as per Rules.
              As the restrictions due to the COVID-19 situation are
        continuing, learned counsel for the parties 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 25th
        March, 2020.


                                            ..................................

(Dr. B.R. Sarangi, J)

Ajaya