Orissa High Court
Akshaya Kumar Sahoo vs State Of Odisha And on 30 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.24752 of 2023
Akshaya Kumar Sahoo .... Petitioner
Mr. S.K. Mishra, Advocate
-versus-
State of Odisha and
Others .... Opposite Parties
Mr. S.K. Samal, AGA
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
30.08.2023
Order No.
02. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical) Mode.
2. Heard Mr. S.K. Mishra, learned counsel for the
Petitioner and Mr. S.K. Samal, learned Addl. Govt.
Advocate appearing for the State.
3. As found from the pleadings available in the writ
petition, the Government while approving the services of
the Petitioner by making him entitled to receive grant-in-
aid vide the order in question made a stipulation that the
arrear shall be confined three years before the date of
filing of the writ petition.
4. Learned counsel for the Petitioner contended that
since the Petitioner claiming extension of the benefit of
grant-in-aid approached the competent court and basing
on the order passed by such competent court the benefit
was extended, there was no justification to confine the
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eligibility to get the benefit placing reliance on the
decision of the Hon'ble Apex Court in the case of Tarsem
Singh.
5. It is also contended that similar issue was before
this Court in W.P.(C) Nos.20713 of 2016 and 22554 of
2017 and this Court vide judgment dated 14.03.2023
while disposing the matter held that such a stipulation is
not permissible. The view expressed by this Court in
Para-11 & 12 of the judgment is quoted hereunder.
"11. A bare reading of the afore quoted
observations of the Apex Court would make it clear
that if the case relates to re-fixation of pay and such
like benefits may be granted in spite of delay as it
does not affect the rights of third parties. There is no
dispute that the benefit in question being basically re-
fixation of pay in terms of the GIA Order, 1994 is in
the nature of an individual benefit granted to an
eligible employee on fulfillment of certain conditions
and as such, does not apply to all employee at large.
A co-ordinate Bench of this Court in the case of
Swarnalata Sahoo v. State of Orissa and others
(W.P.(C) No.19445/2016) analyzed vide ratio decided
in the case of Tarsem Singh (supra) and held that
there was no justification on the part of the opposite
parties in issuing the impugned orders in
supersession of the earlier orders purportedly in
terms of the judgment in Tarsem Singh (supra). This
Court is therefore of the considered view that the
ratio of Tarsem Singh (supra) has been wrongly
applied to the case of the petitioner for which the
impugned order is rendered unsustainable in the eye
of law.
12. Thus, on a conspectus of the analysis of
facts and law involved in the case and the discussion
made hereinbefore, this Court finds that the
petitioners have made out a good case for
interference. Resultantly, the Writ Petitions succeed
and are therefore, allowed. The impugned order
under Annexure-5 is hereby quashed. The Opposite
Party-authorities are directed to extend the benefits
to the Petitioners as granted by order dated 14 th May,
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2015 under Annexure-4 within a period of three
months."
6. Mr. S.K. Samal, learned Addl. Govt. Advocate does
not dispute the issue decided by this Court in the above
noted cases.
7. Having heard learned counsels for the Parties and
placing reliance on the judgment in W.P.(C) No.20713 of
2016, and on being satisfied that the issue involved in the
writ petition is similar to the issue decided, this Court
while disposing the Writ Petition directs that the
Petitioner will be entitled to get the benefit of the arrear
claim from the date of his entitlement as indicated in his
respective orders of approval so issued by the
Government in the present writ petition. Such entitlement
of the Petitioner as due and admissible be released with
due calculation within a period of four (4) months from
the date of receipt of this order.
8. Accordingly, the Writ Petition stands disposed of.
(Biraja Prasanna Satapathy)
Judge
Basudev
Digitally Signed
Signed by: BASUDEV SWAIN
Reason: Authentication of Order
Location: High Court of Orissa, Cuttack
Date: 01-Sep-2023 16:02:46
