Orissa High Court
Santosh Kumar Mishra vs State Of Odisha And Others on 10 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.10447 of 2023
Santosh Kumar Mishra .... Petitioner
Mr. P. K. Mahapatra, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. T.K. Pattnaik, ASC
Mr. S.K. Patra,
Standing Counsel
(For O.P. No.3)
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
Order No. 10.04.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Although this matter is listed for admission, on consent of
both sides, the matter is taken up for final disposal.
3. Heard learned counsel for the Petitioner, learned Additional
Standing Counsel appearing for the State-Opposite Parties No.1 and
2 and learned Standing Counsel appearing for the Opposite Party
No.3-Principal Accountant General (A&E), Odisha.
4, It is submitted by the learned counsel for the Petitioner that
after the judgment of this Court in Biharilal Barik case, which was
confirmed by the Hon'ble Supreme Court, the Government of Odisha
issued a general approval order vide Panchayati Raj and Drinking
Water Department Memo no.18586 dated 26.09.2017 wherein a
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clarification was given to all Collectors in respect of sanction of
RACP in respect of VLW.
5. On perusal of the said letter, it appears that the Government
was pleased to sanction RACP in respect of all eligible VLWs and
has sanctioned financial upgradation in the post of
GPEO/PA/ABDO/SDPO and DPO on completion of 10/20/30 years
of service in the post of VLW under the RACP scheme. Hence, the
VLW are eligible to get Grade Pay of Rs.4200/-, Rs.4600/- and
Rs.4800/- respectively on completion of 10, 20, and 30 years of
service in the cadre of VLW with effect from 01.01.2013 under
RACP Scheme. The aforesaid decision of the Government has the
concurrence of the Finance Department vide UOR No.1969/PSF
dated 15.09.2017. On the basis of the sanction accorded by the
Government vide Memo No.26.09.2017 the present Petitioner who
was working as VLW in the district of Angul has been extended the
benefits of RACP by District Office, Angul vide Memo No.168
dated 09.02.2018. A copy of the Memo has been attached to the writ
application under Annexure-2. On perusal of records, it appears that
the Petitioner is placed at sl.no.2 and the date of entry in to service is
23.05.1989 and he has been given sanction to receive 2nd RACP at
the rate of Rs.4600/- with effect from 04.06.2016. Thereafter the
Government of Odisha vide a General Order dated 01.07.2020 issued
by the Finance Department to all the departments of Government
extended the Grade Pay to all State Government employees under
RACP scheme as per the principle laid down in Biharilal Barik's
case.
6. Learned counsel for the Petitioner at this juncture submits
that A.G. Orissa (AE), Odisha, Bhubaneswar is raising an objection
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with regard to disbursement of 2nd RACP amount after the Petitioner
has retired from service on attaining the age of superannuation.
Learned counsel for the Petitioner in this regard draws the attention
of this Court to letter dated 08.02.2023 under Annxure-4. On perusal
of the letter issued by the Senior Accounts Officer, Office of the
A.G.Orissa, it appears that due to non-production of sanction for
implementation of order by the Administrative department towards
grant of higher Grade Pay under RACP Scheme the case of the
Petitioner has been returned for proper compliance. In the aforesaid
context, learned counsel for the Petitioner submits that since there is
approval by the concerned Administrative department, in a general
order involving all the State Government employees, there is no
necessity to grant approval in individual case. Moreover, Law laid
down by this Court which was affirmed by the Hon'ble Supreme
Court in Biharilal Barik's case, the State Government adopted the
law laid down by judicial pronouncement in respect of the
Government Employees working under the State of Odisha. It is
further contended by the learned counsel for the Petitioner that the
Office of A.G. is unnecessarily causing harassment to the petitioner
and similarly situated persons by insisting upon production of
approval in individual case. He further submits that the Petitioner,
who is retired by now is being unnecessarily harassed by such
administrative obstacle.
7. Learned counsel for the Petitioner referring to order of this
Court passed in W.P.(C) No.13283 of 2022 and batch of others in
respect of similarly placed employees of Subarnapur district submits
that this Court directed the Collector, Subarnapur to examine the
issue and write a letter to the A.G Odisha in favour of the Petitioner.
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Further, pursuant to the direction issued by this Court in the aforesaid
case the Collector, Subarnapur wrote a letter to the A.G. and on the
basis of such letter, the Petitioners have been extended the benefit of
RACP scheme. In such view of the matter, the Petitioner prays for
similar direction in the present case.
8. Mr. S.K. Patra appearing for A.G. Odisha submits that
administrative approval is necessary to disburse the Grade Pay under
RACP scheme and other related benefits. Since there was no specific
administrative approval in the present case, the case of the Petitioner
has not been considered and the file has been returned for proper
compliance.
9. Having heard learned counsel for the parties and upon a
careful consideration of the present case and analysis of the legal
position, this Court is of the considered view that in view of the
general administrative approval granted by the State Government in
the Panahcyati Raj & Drinking Water department no approval is
required in individual cases. Therefore, following the direction
issued by this Court in Nishi Ranjan Pattanaik-vrs.State of Orissa
and others in W.P.(C) No.13283 of 2022 dated 27.06.2022 and batch
of other cases this Court directs the Collector, Angul to examine the
case of the Petitioner and write a letter to the A.G. Odisha within a
period of four weeks from the date of production of certified copy of
this order. In the event such a letter is issued by the Collector, Angul,
the A.G. of Odisha shall do well to do the needful to sanction and
disburse the RACP benefit in favour of the Petitioner within a period
of two months from the date of receipt of letter from the Collector,
Angul.
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10. With the aforesaid observation, the writ application stands
disposed of.
Urgent certified copy of this order be granted on
proper application.
(A.K. Mohapatra)
Judge
Jagabandhu
