Orissa High Court
Banamali Behera vs State Of Odisha And Others on 8 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). No.13458 of 2023
Banamali Behera .... Petitioner
Mr. S. Samal, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. A. Behera, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 08.05.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the petitioner as well as learned
counsel for the State. Perused the writ petition as well as documents
annexed thereto.
3. The present writ petition has been filed by the petitioner with
the following prayers:
"In the facts and under the circumstance of the
case this Hon'ble Court may be graciously pleased;
1. To allow this petition.
2. To quash the 3rd paragraph of order No.JES-OA-
implementation-01/2020-6522 dtd.25.02.2020
under Annexure-4 series.
3. To direct the Opp. Parties to grant the benefit of
3rd Financial Up-gradation under RACPs @
Rs.6,600/- w.e.f. 04.01.2013 in favour of the
Petitioner with arrear.
4. To pass any other order(s), direction(s) as deem
fit and just by this Hon'ble Court."
// 2 //
4. It is submitted by the learned counsel for the Petitioner that
pursuant to the order passed by the Odisha Administrative Tribunal
in O.A. No.3139 of 2018 dated 07.01.2019, the Petitioner was
allowed Grade Pay of Rs.6600/-. However, vide order dated
25.02.2020 under Annexure-2 enhanced Grade Pay of Rs.6600/-
granted pursuant to the Tribunal's order was confined upto 3.1.2013.
Thereafter, the Petitioner was allowed to revised Grade Pay of
Rs.5400/- in Pay Band-2, Scale of Pay of Rs.9,300-34,800/- with
protection of differential pay in the shape of RPP to be merged in
subsequent increment consequent upon restructuring of OES cadre
bringing the post of Deputy Executive Engineer in the Grade Pay of
Rs.5400/- as the 3rd promotional post of Junior Engineer.
5. Learned counsel for the Petitioner at this juncture submitted
that the para-3 of order dated 25.02.2020 under Annexure-2 was
challenged by another person, namely, Sunil Kumar Mohapatra in
respect of the Works Department having a very same para-3 in the
impugned order in his case dated 28.02.2020. This Court in W.P.(C)
No.16290 of 2020 while adjudicating the issue vide judgment dated
01.03.2023 has come to a conclusion that the 3rd paragraph of order
dated 28.02.2020 in the case of above named Sunil Kumar
Mohapatra, which is identical to the 3rd paragraph of the case of the
Petitioner in order dated 25.02.2020 under Annexure-2 has been held
to be illegal and arbitrary and, accordingly, the said paragraph was
quashed and the Petitioner in that case was granted Grade Pay of
Rs.6,600/-.
6. Learned counsel for the Petitioner further contended that
similar benefit of Grade Pay of Rs.6600/- has also been allowed in
respect of 33 numbers of Civil Engineers who have completed 20
// 3 //
and 30 years of service respectively in a single cadre as on 1.1.2013.
In the light of the aforesaid factual background, the Petitioner
approached the Opposite Party No.1- Secretary, Department of
Water Resources by filing a representation dated 03.03.2023 under
Annexure-3 to the writ petition. It is stated by the learned counsel for
the Petitioner that the same is pending for consideration by the
Opposite Party No.1.
7. Learned Additional Standing Counsel appearing for the State-
Opposite Parties, on the other hand, submitted that since the
Petitioner has approached the Opposite Party No.1 by filing a
detailed representation, the Opposite Party No.1 be directed to
consider such representation in accordance with law within a
stipulated period of time, to which, he has no objection.
8. Considering the submission made by the learned counsel for
the respective parties and upon a careful consideration of the
background facts as well as the judgment by a coordinate Bench of
this Court in Sunil Kumar Mohapatra v. State of Odisha & Others
(W.P.(C) No.16209 of 2020 decided on 01.03.2023), this Court
deems it proper to dispose of the writ petition by directing the
Opposite Party No.1 to consider the representation of the Petitioner
dated 03.03.2023 under Annexure-3 to the writ petition keeping in
view the fact that similar benefit has been extended to similar
persons as well as the judgment by a coordinate Bench of this Court
in Sunil Kumar Mohapatra's case (supra) and take a decision on the
same within a period of two months from the date of communication
of a certified copy of this order by the Petitioner. Further, it is
directed that in the event the Opposite Party No.1 comes to
conclusion that the Petitioner stand on similar footing with the above
// 4 //
named Sunil Kumar Mohapatra and persons who have been given
such benefits, then the similar benefits be extended to the Petitioner
within a period of six weeks from the date taking decision on such
representation. Any decision taken on such representation shall be
communicated to the Petitioner within two weeks thereafter.
9. With the aforesaid observation and direction, this writ petition
stands disposed of.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra )
Judge
RKS
Digitally signed by
RAMESH RAMESH KUMAR SINGH
KUMAR SINGH Date: 2023.05.09
15:53:38 +05'30'
