Orissa High Court
Sunil Kumar Mohapatra vs State Of Odisha & Others on 31 January, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.16209 of 2020
Sunil Kumar Mohapatra .... Petitioner
Mr. M. Pati,
Advocate
-versus-
State of Odisha & others .... Opposite Parties
Mr. S.K. Samal,
Additional Government Advocate
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
Order No.
31.01.2023
04. 1. This matter is taken up through hybrid mode.
2. Though hearing of the matter was concluded on
01.12.2022 and Judgment was reserved, because of further
clarification required by the Court, so also non-furnishing of the
Order passed by the Tribunal and Judgment of this Court as
well as apex Court as indicated in the Writ Petition, Counter
Affidavit and Rejoinder Affidavit, matter got listed today under
the heading "To be Mentioned".
3. Heard Mr. Pati, learned Counsel for the Petitioner, so also
Mr. S.K. Samal, learned Additional Government Advocate.
4. Mr. Pati submits that though the Tribunal vide Order
dated 13.02.2019 passed in O.A. No.517 of 2019 clearly held
that the applicant/present Petitioner is entitled to Grade Pay of
Rs.6600/- towards 3rd financial upgradation with effect from
01.01.2013 and accordingly a direction was given to fix the pay
of the Petitioner and pay the accrued arrear to him within three
months from the date of receipt of a copy of the said Order, the
impugned Order dated 28.02.2020 passed by the Authority is
contrary to the direction given by the Tribunal. He further
submits that though in terms of the Order passed by the
Tribunal, Office Order dated 21.08.2014, vide which the
Petitioner was allowed Grade Pay of Rs.5400/- on 3rd financial
upgradation, was modified and his client was allowed Grade Pay
of Rs.6600/- in PB-3, Scale of Pay of Rs.15600-39100/- on 3rd
financial upgradation with effect from 01.01.2013 under the
RACPS, but vide the same Order, it was illegally ordered that the
Petitioner will be entitled to revised Grade Pay of Rs.5400/- in
PB-2, Scale of Pay of Rs.9300-34800/- with effect from
03.01.2013. He further submits that to demonstrate the
discrimination caused to the Petitioner, documents have been
appended to the Writ Petition as Annexure-2 & 4, wherefrom it
can well revealed that similarly placed Assistant Engineers,
being directed by the Tribunal in O.A. No.754 of 2017 (Nirmal
Chandra Swain Vs. State of Odisha and others) and O.A.
No.1026 of 2018 (Abhaya Kumar Mallik Vs. State of Odisha and
others), were paid Grade Pay of Rs.6600/- in PB-3, Scale of Pay
of Rs.15600-39100/- on 3rd Financial upgradation with effect
from 01.01.2013 under Rule-18 of RACPS instead of Rs.5400/-
in PB-2, Scale of Pay Rs.9300-34800/- in supersession of the
earlier Office Order of the year 2014. But in the case of the
Petitioner, the said benefit was allowed only for two days and it
was illegally ordered that the Petitioner was entitled for Grade
Pay of Rs.6600/- in PB-3, Scale of Pay of Rs.15600-39100-/ till
03.01.2013 and thereafter he will be entitled to revised Grade
Pay of Rs.5400/- in PB-2, Scale of Pay Rs.9300-34800/-
5. As is revealed from the Counter Affidavit filed on behalf of
the State-Opposite Party, that there is no specific averment or
denial to the allegations/averments made in paragraph-11 and
13 of the Writ Petition. Further, it is ascertained from the
averments made in para-7 of the Counter Affidavit, being
directed by the Tribunal in 299 numbers of similar O.A. cases,
including the case of the Petitioner, all of them were allowed
Grade Pay of Rs.6600/- in PB-3 towards 3rd upgradation under
RACP Scheme with effect from 01.01.2013. Relevant portion of
the said para is extracted below:
"Therefore, the Govt. decided to implement the
order of the Hon'ble Tribunal passed in 299 nos. of
similar O.A. cases including the case of the petitioner
(O.A. 517/2019) allowing the Grade Pay of Rs.6600/-
in PB-3 to the applicants towards 3rd financial
upgradation under RACP scheme with effect from
1.1.2013 on the basis of the grade pay attached to
the post of Executive Engineer which is the 3rd
promotional post of Junior Engineer as on 1.1.2013
counting the period of 30 years from the date of
joining as Junior Engineer in Government service. In
this regard, the observation of Finance Department
communicated vide Department of Water Resources
letter No.23043 dt.18.10.2019 is relevant. Copies of
DOWR letter and extract of observation are annexed
herewith and marked as Annexure-A/3 to this
counter affidavit. According to which, the petitioner
was allowed the Grade Pay Rs.6600/- in the PB-3
with effect from 01.01.2013 on the basis of the
grade pay attached to his 3rd promotional post
i.e. Executive Engineer in compliance to the
order dtd. 13.2.2019 of the Hon'ble Tribunal"
(emphasis supplied)
6. Though the Petitioner as well as the State in their
respective pleadings have dealt with number of Judgments
passed by the Tribunal as well as this Court, so also Order of
the Apex Court, neither the said Judgment/Orders have been
annexed to their respective pleadings nor have been filed before
this Court.
7. Learned Counsel for the Petitioner submits that for non-
implementation of the Order passed in O.A. No.517 of 2019, the
Petitioner initiated a contempt proceeding before the Odisha
Administrative Tribunal. However, on abolition of the Tribunal
the matter got transferred to this Court and ultimately, it has
been disposed of in the meantime as per instruction received
from his client. He further submits that since he was not the
conducting counsel of Petitioner before the Tribunal, so also
before this Court in the said contempt proceeding, he is not
aware about the Order passed in the said case.
8. Both the learned Counsel for the Petitioner, so also
learned Counsel for the State pray for time to enlighten this
Court with regard to various Orders passed by the Tribunal, this
Court as well as the apex Court. Learned Counsel for the State
also specifically prays for time to take instruction as to whether
the case of Nirmal Chandra Swain (applicant in O.A. No.754 of
2017) and Abhaya Kumar Mallik (applicant in O.A. No.1026 of
2018) are also similar as of the present Petitioner and file an
affidavit to the said effect.
9. Instruction be obtained and filed in form of an Affidavit by
10.02.2023 after serving a copy of the same on the learned
Counsel for the Petitioner. Learned Counsel for the Petitioner is
also directed to file the Order passed by this Court in contempt
proceeding, after it was being transferred from the Tribunal to
this Court, so also other Judgments which have been specifically
dealt in the Writ Petition as well as Rejoinder Affidavit on the
adjourned date.
10. Matter be listed in the week commencing from 13th
February, 2023.
(S. K. Mishra)
Judge
Prasant
