Dillip Kumar Mishra vs State Of Odisha & Ors
2021 Latest Caselaw 11948 Ori

                                      1


       IN THE HIGH COURT OF ORISSA AT CUTTACK
                      W.P(C) No.36077 OF 2021

Dillip Kumar Mishra                         .....                  Petitioners

                                                  Mr. S.N. Patnaik, Advocate
                                    Vs.
State of Odisha & Ors.                      .....             Opposite party

                                                       Mr. B.P. Tripathy, AGA


            CORAM:
                DR. JUSTICE B.R. SARANGI

                                            ORDER

22.11.2021

W.P.(C) No.36077 of 2021 and I.A. No.16751 of 2021

Order No. This matter is taken up by hybrid mode.

2. Heard Mr. S.N. Patnaik, learned counsel for the petitioner and Mr. B.P. Tripathy, learned Additional Government Advocate.

3. The petitioner has filed this writ petition assailing the order dated 08.10.2021 under Annexure-12 issued by the Director of Textiles & Handloom, Odisha, by which the benefit of financial upgradation with G.P. Rs.4600/- availed of by the petitioner in 2016 has been reviewed pursuant to Finance Department memorandum dated 23.02.2016 under Annexure-10 by the Special Review Screening Committee meeting held on 04.09.2021 under Annexure-9 directing the concerned DDO to revise the pay of the petitioner and recover the excess amount drawn in his favour immediately.

4. Mr. S.N. Patnaik, learned counsel for the petitioner contended that in view of office memorandum of Finance Department dated 23.02.2016 under Annexure-10, the Special Review Screening Committee held under the Chairmanship of Director of Textiles and Handloom, Odisha vide Annexure-9 reviewed the benefit with regard to financial up-gradation with

G.P. Rs.4600/- availed of by the petitioner in 2016 and withdrew the said benefit. Consequentially, the order dated 08.10.2021 under Annexure-12 has been passed. It is stated that the very same office memorandum dated 23.02.2016 was challenged before the Tribunal in O.A. No.731 of 2017 and batch of cases (Bikash Ranjan Dash v. State of Odisha & Ors), which have been disposed of vide common order dated 16.11.2017 declaring the said office memorandum dated 23.02.2016 as bad in law. Consequentially the State preferred W.P.(C) No.18749 of 2018 and batch of cases before this Court and this Court upheld the order passed by the Tribunal. As a consequence thereof, the State preferred Civil Appeal No.1851 of 2020 and batch before the apex Court and the apex Court remanded the matter back to this Court for hearing afresh. In compliance of the said order, this Court vide judgment dated 29.10.2021 in W.P.(C) No.18749 of 2018 and batch of cases again reaffirmed the order passed by the Tribunal. Therefore, it is contended that the order under Annexure-12 dated 08.10.2021 cannot sustain in the eye of law.

5. Issue notice.

6. Three extra copies of the writ petition be served within three days on learned Additional Government Advocate, as he appears for opposite parties no.1 to 3 to enable him to obtain instructions of file counter affidavit.

7. As an interim measure, it is directed that the operation of the order dated 08.10.2021 under Annexure-12 issued by the Director of Textiles & Handloom, Odisha-opposite party no.2 shall remain stayed till 08.12.2021.

8. List this matter along with W.P.(C) No. 33947 of 2021.

Issue urgent certified copy as per rules.

Alok (DR. B.R. SARANGI) JUDGE