State Of Odisha & Others vs Bishnupada Barik
2023 Latest Caselaw 3176 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                       W.A. No.332 of 2023

            State of Odisha & others                   ....         Appellants
                                                      Mr.M.K.Khuntia, AGA
                                         -versus-
            Bishnupada Barik                          ....        Respondent
                                             Mr. Rudra Prasad Kar, Advocate

                      CORAM:
                      THE CHIEF JUSTICE
                      JUSTICE G. SATAPATHY

                                          ORDER

11.04.2023 Order No.

01. 1. Notice. Mr. R.P.Kar, learned Counsel accepts notice for the Respondent.

2. It is seen that in terms of the impugned order, the Appellants are required to re-fix the salary of the Respondent from 8th July, 1977 the day that Respondent acquired the Trained Graduate Teacher (TGT) qualification.

3. The ground on which the impugned order has been challenged is that the Respondent approached the Orissa Administrative Tribunal with the above plea for re-fixing his salary by granting him the TGT scale of pay 33 years after he acquired the qualification and three years after he had actually superannuated. In other words, he superannuated on 30th November, 2008 and filed the application belatedly in the OAT on 28th September, 2011.

4. Learned counsel for the Appellants has inter alia placed reliance on the judgment of the Supreme Court in Union of India and others v. Tarsem Singh (2008) 8 SCC 648 to urge that where the claim is highly belated, arrears should have been restricted three years prior to the filing of the application. In other words, according to him, there was no justification for directing payment of arrears right from the date of acquisition of TGT qualification by the Respondent which is from 8th July, 1977 onwards.

5. Mr. R.P. Kar, learned Counsel for the Respondent on the other hand submits that the Respondent will not claim arrears of salary as long as Respondent's pension can be re-fixed on the basis of his being granted the TGT scale from the date he acquired the qualification of TGT.

6. Having considered the above pleas, the Court directs that the operative directions in the impugned judgment of the learned Single Judge would be substituted with the direction that the pension of the Respondent will be re-fixed on the basis of his having been granted the TGT pay scale from the date of his acquisition of TGT qualification. The pension reworked thus will become payable to him from the date of his superannuation. The said calculation be worked out and the appropriate orders be issued by the Appellants within a period of eight weeks from today. As far as the arrears of differential pension is concerned, it shall be paid to the Respondent within a period of twelve weeks.

7. It is clarified that the present order is passed in the peculiar facts of the case and the impugned order of the learned Single Judge or this order will not constitute a precedent.

8. The writ appeal is disposed of in the above terms.

9. Urgent certified copy be granted as per rules.

(Dr. S. Muralidhar) Chief Justice

(G. Satapathy) Judge Kishore