Orissa High Court
Govind Narayan Mahapatra vs State Of Odisha & Others on 10 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.24979 of 2023
Govind Narayan Mahapatra .... Petitioner
Mr. Agasti Kanungo, Advocate
-versus-
State of Odisha & others .... Opposite Parties
Mr. S. Das, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 10.08.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as the learned
Additional Government Advocate for the State-Opposite Parties.
Perused the Writ Petition as well as the documents annexed thereto.
3. The present Writ Petition has been filed by the Petitioner with the
following prayer :
"It is therefore prayed that this Hon'ble Court may be
graciously pleased to quash the notification No.10698 dated
24.05.2023 under Annexure-8;
And further be pleased to direct the Opp. Parties to
extend the benefit of up gradation w.e.f. 21.02.2001 the 1st up-
gradation (10 years) G.P Rs.2800/- and w.e.f. 21.02.2011, 2nd
up gradation (20 years) in G.P. Rs.4600/- and w.e.f.
21.02.2021 (3rd up gradation) 30 years in Grade Pay
Rs.5400/- under the MACP Scheme vide Finance Dept.
Resolution dated 06.02.2013 under Annexure-4;
And further be pleased to pass any other order/orders,
writ/writs, direction/directions appropriate under the
circumstances as this Hon'ble Court deem fit & proper."
4. It is submitted by learned counsel for the petitioner that the
Petitioner joined in service as VFW on 21.02.1991. Thereafter on
10.02.2009 the post of VFW was re-designated as Forester and merged
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in the cadre of Foresters. In view of the notification dated 10.02.2009
under Annexure-2, learned counsel for the petitioner further contended
that the same reveals that the post of VFW has been merged in the
existing cadre of Foresters and the petitioner along with similarly
situated other persons were re-designated as Foresters. On a perusal of
Rule-2 (a), it is observed by this Court that the same provides that by
way of re-designation and merger of the existing cadre of Village Forest
Workers (VFWs) as a onetime arrangement, the VFWs so merged shall
not be treated as direct recruits or promotees to the cadre of Foresters.
5. Further, Rule-2 (b) under Annexure-2 provides that after merger,
the promotion shall be made as per the arrangement made therein, that
is by direct recruitment to the extent of 50% through competitive
examination from open market and by promotion to the extent of 50%
from the rank of eligible Forest Guards of the concerned Division.
Further, the amending Rule of the year 2009 also provides that a new
sub-Clause 5 of Rule 12 shall be added thereby providing that the inter-
se seniority of the VFWs so merged under clause (a) of Rule (4) shall
be in order of their names which appears in the select list and they shall
be enblock be junior to the existing Foresters.
6. Learned counsel for the Petitioner further referring to letter dated
25.11.2013, under Annexure-4, also contended before this Court that
the PCCF, Odisha had issued a circular letter to the Regional Chief
Conservator of Forests with regard to implementation of Finance
Department Resolution dated 06.02.2013 on RACPs. The said letter
dated 25.11.2013 under Annexure-4 also reveals that with regard to
payment of RACPs benefits to the VFWs who have become foresters by
virtue of the Notification under Annexure-2 with effect from the date
i.e. 10.02.2009, their services rendered to the Government as VFWs
shall be counted as Foresters while considering their cases for financial
up-gradation under the RACP Scheme. It also provides that after
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merger, the VFWs shall be re-designated as Foresters and shall belong
to a single cadre i.e. Foresters and accordingly the length of service
rendered by them from the date of entry into the grade of VFW shall be
taken into account for the purpose of granting financial up-gradation as
per the Finance Department Resolution dated 06.02.2013.
7. This Court on a careful examination of the aforesaid rules under
Annexure-2 as well as the circular letter dated 25.11.2013 under
Annexure-4 issued by the PCCF, Odisha, is of the considered view that
the VFWs, after their merger in the cadre of Foresters in the year 2009
are to be treated at par with existing Foresters and their services
rendered as VFWs from the date of their joining shall be reckoned for
the purpose of calculation of RACP benefits as has been decided by the
PCCF in his letter under Annexure-4.
8. Learned counsel for the Petitioner further drawing attention of
this Court to letter dated 24.05.2023 under Annexure-8 submitted
before this Court that while extending the RACP benefits to the
Foresters, Forest Guards, Deputy Rangers, the Additional Secretary to
Government has excluded the ex-VFWs from the purview of the
Finance Department Resolution dated 06.02.2013. In such view of the
matter, learned counsel for the Petitioner submitted that such conduct of
the Government in excluding the ex-VFWs from the purview of
Resolution dated 06.02.2013 is highly illegal, discriminatory and
arbitrary. In this context, it was also submitted that after merger of the
ex-VFWs cadre with the Foresters Cadre, there is only one single cadre
which has been rightly taken note of by the PCCF while issuing the
letter under Annexure-4. Therefore, the discrimination under Annexure-
8 by the Government is highly illegal and unsustainable in law apart
from the fact that the same also infringes Article-14 & 16 of the
Constitution of India.
9. Learned Additional Government Advocate on the other hand
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submitted that the Petitioner initially joined as VFW. Thereafter,
pursuant to the amendment in the rules, the cadre of VFW was
abolished and the ex-VFWs have been re-designated as Foresters.
Thereafter, their entry in the cadre of Foresters shall be reckoned from
the date they were merged in the Forester Cadre. Accordingly, the
Government has taken a conscious decision not to include the Petitioner
and similarly situated many other VFWs who were merged in the
Forester Cadre pursuant to the amendment in the Rules under
Annexure-2 to the writ application. In such view of the matter, learned
Additional Government Advocate contended before this Court that
exclusion of VFWs from within the purview of Finance Department
Resolution dated 06.02.2013 by virtue of letter of the Government dated
24.05.2023 under Annexure-8 is not illegal. Moreover, it was submitted
before this Court that the writ application filed by the present Petitioner
is devoid of merit and accordingly the same should be dismissed.
10. Learned counsel for the petitioner further contended that
similarly situated some other VFWs approached the Odisha
Administrative Tribunal by filing O.A. No.1674 of 2018 seeking
financial up-gradation under the RACP scheme by taking into
consideration their past services as VFWs, the Tribunal vide his order
dated 09.01.2019 has held that such Petitioners are entitled to the
financial up-gradation by taking into consideration their services
rendered to the Government as VFWs. Challenging the decision of the
Tribunal dated 09.01.2019 the State-Opposite Parties had approached
this Court by filing a writ petitioner bearing W.P.(C) No.39270 of 2021.
A Division Bench of this Court vide order dated 08.03.2022 by
referring to a judgment in the case of State of Odisha & others vs.
Surama Manjiri Das & others (W.P.(C) No.15763 of 2021) dismissed
the writ application on the ground of latches.
11. The order passed by a Division bench of this Court was assailed
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before the Hon'ble Supreme Court in SLP(C) Diary No.9259 of 2023.
The Hon'ble Supreme Court dismissed the said SLP vide order dated
05.04.2023. Similarly, in another matter in the State of Odisha & others
vs. Debendra Nath Patra in SLP (C) Diary No.15046 of 2023. The
Hon'ble Supreme Court vide order dated 28.04.2023 has dismissed the
Special Leave Petition preferred by the State-Opposite Parties. Such
orders have already been implemented by the Opposite Parties in the
meantime.
12. Having heard the learned counsels appearing for the respective
parties and on a careful consideration of their submission as well as the
materials on record, this Court is of the considered view that the issue
involved in the present writ application requires re-consideration by the
authority in the light of the discussion made hereinabove. Particularly,
keeping in view the fact that after merger the PCCF, Odisha vide his
letter under Annexure-4 has categorically stated that they will be treated
as Foresters for all practical purpose and they shall be in a single cadre
of Forester and accordingly their financial up-gradation under the
RACP scheme shall be calculated. Therefore, this Court is of the
considered view that the order under Annexure-8 dated 24.05.2023 is
unsustainable in law, accordingly the same is hereby quashed. Further,
the matter is remanded back to the Commissioner-cum-Secretary to
Government, Department of Forest and Environment, Odisha,
Bhubaneswar-Opposite party No.1 to consider the matter afresh keeping
in view the analysis made hereinabove and pass necessary orders within
a period of two months from the date the Petitioner approaches him
along with a certified copy of this order. It is further made clear that in
the event, the Opposite Party No.1 comes to a conclusion that the
Petitioner is working as Forester and is in a single cadre, the benefits as
the Petitioner would be entitled to, under the Finance Departmental
Resolution dated 06.02.2013, shall be extended in his favour within a
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period of six weeks from the date of taking such a decision. The
decision so taken by the Opposite Party No.1 be also communicated to
the Petitioner within two weeks thereafter.
13. With the aforesaid observations/ directions, the writ
application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Signature Not Verified
Digitally Signed
Signed by: ANIL KUMAR SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 14-Aug-2023 12:11:01
