Orissa High Court
Manas Kumar Majhi vs State Of Odisha on 6 January, 2025
Bench: S.K. Sahoo, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.26049 of 2024
1. Manas Kumar Majhi
2. Khageswar Kuanr ..... Petitioners
Mr. Susanta Kumar Dash,
Advocate
-versus-
1. State of Odisha
2. The Principal
Secretary, Department
of Finance, Govt. of
Odisha
3. The Registrar
(Administration), High
Court of Orissa,
..... Opp. Parties
Cuttack
Mr. P.P. Behera,
Addl. Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No.
06.01.2025
02. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This writ petition has been filed by the petitioners
with a prayer for a direction to the opp. parties to fix the
salary of the petitioners working as "Salaried Amins",
with the change in the designation and entry qualification
in respect of such post and further to create promotional
prospect at least by upgrading 50% of the sanctioned
posts to be filled up on promotion with a further direction
to the opp. parties to fix their salary in the pay band of
Rs.9300-34,800/- with Grade pay of Rs.4200/- w.e.f.
02.03.2009 with the change of the designation and
prescription of higher entry qualification and further to
up-grade at least 50% of the sanctioned posts to be filled
up on promotion.
Learned counsel for the petitioners drew the
attention of this Court to Annexure-15, which is the
earlier order dated 10.05.2023 passed by a Division
Bench of this Court in W.P.(C) No.16391 of 2009 in which
the All Orissa Judicial Employees' Association was the
petitioner and a similar relief was claimed and this Court
disposed of the writ petition directing the petitioner to
make a fresh representation within a period of 15 days
highlighting the grievances as has been made in the said
writ petition so that the authority could consider the
same and pass appropriate order in accordance with law
considering the nature of work discharged by the
petitioners and also taking into the report furnished by
the Shetty Commission as well as the judgment rendered
by the Apex Court.
It is the contention of the learned counsel for the
petitioners that after passing of the order dated
10.05.2023, the All Orissa Judicial Employees'
Association filed a fresh representation on 25.05.2023
vide Annexure-16 in which prayer has been made to
consider the matter sympathetically and direct the Law
Department, Govt. of Odisha to take appropriate action
on the genuine grievances of salaried amins of the State
judiciary.
It is the further contention of the learned counsel
for the petitioners that vide Annexure-17, the authority
disposed of the representation wherein it is mentioned
that similar matter in W.P.(C) No.6995 of 2020 (All
Orissa Judicial Employees' Association, District Unit,
Balasore -Vrs.- State of Odisha and others) is sub-
judiced before this Court.
On perusal of the order dated 08.11.2021 passed
in W.P.(C) No.6995 of 2020, it appears that the learned
Addl. Govt. Advocate accepted notice on behalf of opp.
parties and eight weeks time was granted to file the reply
and rejoinder thereto, if any, be filed four weeks
thereafter.
Learned counsel for the State submitted that
counter affidavit is yet to be filed in W.P.(C) No.6995 of
2020. However, he made a statement before this Court
that within two weeks, he will file the counter affidavit
not only in W.P.(C) No.6995 of 2020 but also in the
present writ petition.
Issue notice on the question of admission indicating
therein that the matter shall be disposed of at the stage
of admission.
Learned counsel for the State accepts notice on
behalf of all the opposite parties. Let three copies of the
writ petition be served on the learned counsel for the
State within a week.
Put up this matter along with W.P.(C) No.6995 of
2020 in the week commencing from 03.02.2025.
Counter, if any, to the writ petitions be filed in the
meantime serving copies thereof to the learned counsel
for the petitioners in W.P.(C) No.6995 of 2020 and in the
present writ petition.
Rejoinder, if any, be filed in the meantime.
( S.K. Sahoo)
Judge
(Chittaranjan Dash)
Judge
sipun
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 07-Jan-2025 16:14:14
