Orissa High Court
Sudhir Kumar Swain vs State Of Odisha And Others .... Opp. ... on 8 January, 2024
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.43236 of 2023
Sudhir Kumar Swain .... Petitioner
Mr. M.S. Sahoo, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. N.K. Praharaj, A.G.A.
Mr S.K. Patra, Standing Counsel
(For O.P. No.3)
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 08..01.2024
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner, learned Additional
Government Advocate appearing for the State-Opposite Parties
and learned Standing Counsel appearing for the O.P. No.3-
Accountant General (A&E), Odisha, Bhubaneswar. Perused the
writ petition as well as the documents placed before this Court for
consideration.
3. The present writ petition has been filed by the Petitioner
with the following prayers:-
"It is therefore humbly prayed that this Hon'ble
Court may graciously be pleased to admit the Writ
application, issue notice under rule Nisi calling upon the
opposite parties to show cause as to why:-
i) The sanction and grant of grade pay @
Rs.4200/- as first upgradation to the
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petitioner under RACP Scheme w.e.f.
dt.01.01.2013 shall not be declared legal and
valid;
ii) The orders vide Annexure-7 series directing
for furnishing the Court order and
implementation order by Administrative
Department, shall not be set aside declaring
illegal;
iii) The opposite parties shall not be directed to
sanction and disburse the final pension,
D.C.R.G. and all other retiral benefits to the
petitioner with interest @ 12%, per annum,
within a short stipulated period;
And if the opposite parties fail to show cause
or show insufficient or false cause may graciously
be pleased to make the said Rule absolute and allow
the Writ Petition in granting relief made above in
this petition;
And further be pleased to issue any other
Writ(s)/direction(s), pass any other order(s) as this
Hon'ble Court may deem just and proper in the
circumstances of the case."
4. It is submitted by the learned counsel for the Petitioner that
after the judgment of this Court in Biharilal Barik case, which was
confirmed by the Hon'ble Supreme Court, the Government of
Odisha issued a general approval order vide Panchayati Raj and
Drinking Water Department Memo No.18586 dated 26.09.2017
under Annexure-1 wherein a clarification was given to all
Collectors in respect of sanction of RACP in respect of VLW.
5. On perusal of the said letter, it appears that the Government
was pleased to sanction RACP in respect of all eligible VLWs and
has sanctioned financial upgradation in the post of
GPEO/PA/ABDO/SDPO and DPO on completion of 10/20/30
years of service in the post of VLW under the RACP scheme.
Hence, the VLW are eligible to get Grade Pay of Rs.4200/-,
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Rs.4600/- and Rs.4800/- respectively on completion of 10, 20, and
30 years of service in the cadre of VLW with effect from
01.01.2013 under RACP Scheme. The aforesaid decision of the
Government has the concurrence of the Finance Department vide
UOR No.1969/PSF dated 15.09.2017. On the basis of the sanction
accorded by the Government vide Memo No.26.09.2017 the
present Petitioner who was working as VLW in the district of
Jagatsinghpur has been extended the benefits of RACP by District
Office, Jagatsinghpur vide Memo No.1453 dated 10.07.2017. A
copy of the Memo has been attached to the writ application under
Annexure-2. On perusal of records, it appears that the Petitioner is
placed at Sl. No.16 and the date of entry in to service is 22.05.2002
and he has been given sanction to receive 1st RACP at the rate of
Rs.4,200/- with effect from 01.01.2013. Thereafter the
Government of Odisha vide a General Order dated 01.07.2020
under Annexure-8 to the writ petition issued by the Finance
Department to all the departments of Government extended the
Grade Pay to all State Government employees under RACP
scheme as per the principle laid down in Biharilal Barik's case.
6. Learned counsel for the Petitioner at this juncture submits
that A.G. (A&E), Odisha, Bhubaneswar is raising an objection
with regard to disbursement of 1st RACP amount after the
Petitioner has retired from service on attaining the age of
superannuation and returned the pension papers for compliance of
the same. Learned counsel for the Petitioner in this regard draws
the attention of this Court to letter dated 10.05.2023 and
05.07.2023 under Annexure-7 Series. On perusal of the letters
issued by the Senior Accounts Officer, Office of the A.G. Odisha,
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it appears that due to non-production of sanction for
implementation of order by the Administrative department towards
grant of higher Grade Pay under RACP Scheme the case of the
Petitioner has been returned for proper compliance. In the
aforesaid context, learned counsel for the Petitioner submits that
since there is approval by the concerned Administrative
department, in a general order involving all the State Government
employees, there is no necessity to grant approval in individual
case. Moreover, law laid down by this Court which was affirmed
by the Hon'ble Supreme Court in Biharilal Barik's case, the State
Government adopted the law laid down by judicial pronouncement
in respect of the Government Employees working under the State
of Odisha. It is further contended by the learned counsel for the
Petitioner that the Office of A.G. is unnecessarily causing
harassment to the petitioner. He further submits that the Petitioner,
who is retired by now, is being unnecessarily harassed by such
administrative obstacle.
7. Mr. S.K. Patra appearing for A.G. Odisha submits that
administrative approval is necessary to disburse the Grade Pay
under RACP scheme and other related benefits. Since there was no
specific administrative approval in the present case, the case of the
Petitioner has not been considered and the file has been returned
for proper compliance.
8. Taking into consideration the submission made by the
learned counsels for the respective parties and upon a careful
consideration of the background facts involved in the present writ
petition as well as on careful scrutiny of the documents filed along
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with the writ petition, this Court deems it proper to dispose of the
writ petition at the stage of admission by directing the Opposite
Party No.4-Collector & District Magistrate, Jagatsinghpur to
resubmit the pension papers after compliance of the query raised
by the Principal Accountant General (A&E), Odisha, Bhubaneswar
within four weeks from the date of communication of this order. In
the event the pension papers are resubmitted as directed
hereinabove, the office of the Opposite Party No.3 shall do well to
sanction and disburse the pensionary benefits in favour of the
Petitioner within four weeks from the date of resubmission of the
pension papers as directed vide letters dated 10.05.2023 and
05.07.2023 under Annexure-7 Series.
9. With the aforesaid observation and direction, the writ
petition stands disposed of.
( A.K. Mohapatra)
Judge
Debasis
