Samir Kumar Rout vs State Of Odisha And Others
2023 Latest Caselaw 2689 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 W.P.(C) No.8541 of 2023

                 Samir Kumar Rout                     ....           Petitioner
                                         Mr.Prafulla Ku. Mohapatra, Advocate

                                              -versus-

                 State of Odisha and others              ....    Opposite Parties
                                                          Mr.Saswat Das, A.G.A.


                                        CORAM:

                            JUSTICE A.K. MOHAPATRA

Order No.                                  ORDER
                                          03.04.2023

    01.     1.      This matter is taken up through Hybrid Arrangement
            (Virtual /Physical Mode).

2. Heard learned counsel for the Petitioner and the learned Additional Government Advocate.

3. With regard to fixation of Grade Pay, the Petitioner has approached the Odisha Administrative Tribunal by filing O.A.No.1245 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 09.01.2019), by which the Tribunal observing that the applicants are entitled to the Grade Pay of Rs.5400/- i.e., Grade Pay of promotional post of A.C.F., which is a promotional post of Ranger upon completion of 30 years of service, directed the Opposite Parties to extend the // 2 //

benefit within a period of three months. The aforesaid direction has been given by the Tribunal relying upon the judgment in the case of Biharilal 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, 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 Biharilal Barik case (supra) has been affirmed and through 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.5400/- towards financial upgradation under RACP and that was enjoyed by the Petitioner. But subsequently, after retirement of the Petitioner, the order impugned has been passed in Annexure-7 dated 03.01.2023, 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.5400/- and directed for recovery of excess drawal from the Petitioner.

4. 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.

5. In the opinion of this Court, the matter requires consideration.

// 3 //

6. Issue notice to the Opposite Parties.

7. Six extra copies of the Writ Petition be served on learned State Counsel appearing for Opposite Party Nos. 1 to 6 within three working days enabling him to obtain instruction or file Counter Affidavit.

8. As an interim measure, it is directed that there shall be stay operation of the order dated 03.01.2023 passed by Regional Chief Conservator of Forests, Bhubaneswar Circle under Annexure-7 till 13.04.2023.

( A.K. Mohapatra ) Judge RKS