Orissa High Court
State Of Odisha & Others vs Purna Chandra Rout & Another on 10 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No. 1557 of 2023
State of Odisha & Others ..... Appellants
Mr. P.K. Muduli, A.G.A.
Vs.
Purna Chandra Rout & Another ..... Respondents
Mr. S. Mallik, Adv.
CORAM:
THE CHIEF JUSTICE
JUSTICE SAVITRI RATHO
ORDER
10.08.2023
Order No. I.A. No. 4128 of 2023
03.
1. This matter is taken up through hybrid mode.
2. Heard Mr. P.K. Muduli, learned Additional Government
Advocate appearing for the applicant.
3. This is an application for condoning the delay of 334 days in
filing the intra-court appeal from the judgment dated 15.07.2022
passed by the learned Single Judge in W.P.(C) No.6809 of 2020.
4. Mr. S. Mallik, learned counsel appearing for the sole Opposite
Party has stated that, the Opposite Party will not oppose the prayer
for condonation of delay.
5. On the basis of the said statement, we condone the delay as
aforementioned.
6. In the result, this application stands allowed and disposed of.
(S.Talapatra)
Chief Justice
(Savitri Ratho)
Judge
W.A. No. 1557 of 2023
04. 1. In view of the order passed today in I.A. No.4128 of 2023, we
take up this appeal for consideration.
2. Heard Mr. P.K. Muduli, learned Additional Government
Advocate appearing for the Appellant.
3. Mr. Muduli, learned Additional Government Advocate has
filed today a set of records containing the Government order dated
04.01.2017, the copy of the first schedule of ORSP Rule, 2008, the
copy of the writ petition being W.P.(C) No.6809 of 2020 and copy
of the counter affidavit filed in W.P.(C) No.6809 of 2020, those are
taken on records.
4. Mr. Muduli, learned Additional Government Advocate has
submitted that by the said order dated 15.07.2022, the Appellants
have been directed to finalize the payment of the Respondent No.1
on account of his retiral benefits along with interest within a period
of two months from the date of the order. The Appellants have
challenged the said direction contending that as per Clarification on
Revised Assured Career Progression Scheme (RACPS) for the State
Government employees vide Government of Odisha in the Finance
Department Memorandum No.1738/F dated 20.01.2014 [see
paragraph -4] provides that where there are less than 3 promotional
posts in the cadre, the employees in the cadre shall get the Pay band
and Grade Pay of the promotional post(s) upto the stages available in
that cadre and thereafter, to the next higher Grade Pay along with
Pay band hierarchically available in the First Schedule of ORSP
Rules, 2008 with introduction of new Grade Pay, if any, in between
shall be given. It has been cited as the ground in this appeal that in
Odisha Fire Service, there are two feeder posts, one is Fireman and
the other is Station Officer. In accordance with the said clarification
and the RACPS Rules, 2013, those personnel appointed in the rank
of Fireman were eligible further initial Grade Pay of Rs.1900/- and
the maximum Grade Pay @ Rs.2800/-. But due to misinterpretation
of the above rule, those Fire Service personnel who had completed
30 years of qualifying service, they were allowed the grade pay of
Rs.4200/- under the 3rd RACPS, instead of Rs.2400/- or Rs.2800/-.
5. The pension papers were submitted to the Accountant General
(A&E), Odisha, Bhubaneswar. Initially A.G., Odisha, Bhubaneswar
sanctioned pension of 40 (forty) retired Fire Service personnel
belonging to the Central Range, Cuttack without any objection. Part
in the case of the similar proposals, forwarded in the month of
August and September, 2017, AG (A & E), Odisha, Bhubaneswar
retuned the pension papers of 6 (six) retired Fire Service personnel
with remarks that they are not entitled to the said scale which was
granted to the similar situated person. It has been contended by Mr.
Muduli, learned Additional Government Advocate that in the above
circumstances, new pension cases after August, 2017 could not be
finalized. It is further submitted that those retired personnel have
been sanctioned provisional pension considering their Grade Pay of
Rs.4200/-. The regular pension is yet to be released. The steps were
taken to settle the grade pay issue, but due to filing of the Original
Petitions (OAs) and the writ petitions against the orders of the
Government, the same could not be resolved. That apart, the
negative equality cannot be made the basis of granting relief to the
Respondent No.1.
6. Be that as it may, we think that the reasonings as provided in
the impugned order requires to be revisited.
7. Hence, admit the appeal to be heard on merit.
8. Let the matter be listed on 21st August, 2023 along with W.A.
No.1699 of 2023.
9. As Mr. S. Mallik, learned counsel has appeared for the sole
respondent, we have not issued any formal notice.
10. Mr. Muduli, learned Additional Government Advocate is
directed to supply a copy of the memorandum of appeal to Mr.
Mallick, learned counsel appearing for the Respondent No.1.
(S.Talapatra)
Chief Justice
Sukanta
(Savitri Ratho)
Judge
Signature Not Verified
Digitally Signed
Signed by: SUKANTA KUMAR BEHERA
Designation: Senior Stenographer
Reason: Authentication
Date: 16-Aug-2023 16:29:57
