Orissa High Court
State Government Of Odisha vs Rabindra Kumar Mohapatra on 2 May, 2025
Bench: K.R. Mohapatra, R.K. Pattanaik
Signature Not Verified
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 17-May-2025 12:07:31
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 9956 OF 2019
(An application under Articles 226 & 227 of the Constitution of India)
*****
1. State Government of Odisha,
through its Commissioner-cum-Secretary,
Higher Education Department, Odisha Secretariat,
Bhubaneswar, Dist: Khordha,
2. Director, Higher Education, Odisha,
Heads of Department Building,
Bhubaneswar, Dist: Khordha,
3. Principal, Rajadhani College, Bhubaneswar, Dist:
Khordha,
4. Principal Secretary, Finance Department, Odisha,
Bhubaneswar
...... Petitioners
-Versus-
1. Rabindra Kumar Mohapatra,
S/o late Kailash Chandra Mohapatra,
AT:342, Acharya Vihar, PS: Saheed Nagar, Bhubaneswar,
Dist: Khordha, presently working as Artist-cum-
Photographer, Rajdhani College, Bhubaneswar, Dist:
Khordha,
2. Registrar, Odisha Administrative Tribunal, Bhubaneswar,
Dist: Khordha
....... Opp. Parties
Advocates appeared:
For Petitioners : Mr. Swayambhu Mishra
Additional Standing Counsel
For Opp. Parties : Mr. Manoj Kumar Mohanty,
Advocate
(For Opp. Party No.1)
W.P.(C) No. 9956 OF 2019 Page 1 of 8
Signature Not Verified
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 17-May-2025 12:07:31
// 2 //
CORAM :
MR. JUSTICE K.R. MOHAPATRA
MR. JUSTICE R.K. PATTANAIK
------------------------------------------------
Heard and disposed of on 02.05.2025
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JUDGMENT
By the Bench;
1. This matter is taken up through hybrid mode.
2. State of Odisha and its functionaries under Higher
Education Department, being the Petitioners have filed this
writ petition assailing the order dated 18th April, 2017
(Annexure-3) passed by learned State Administrative Tribunal,
Odisha, Bhubaneswar (for brevity 'learned Tribunal') in O.A.
No.1762 of 2016, whereby it was held that the Opposite Party
No.1 is entitled to 2nd RACP with Grade Pay of Rs.5,400/- and
3rd RACP with Grade Pay of Rs.6,600/-.
3. The fact in nutshell relevant for proper adjudication of
this case is that the Opposite Party No.1 was appointed as
Artist-cum-Photographer, Rajdhani College, Bhubaneswar,
Dist: Khordha on 11th May, 1987. The scale of pay of Opposite
Party No.1 was Rs.9,300-Rs.34,800/- in the Pay Band-2 as per
the provisions of Odisha Revised Scale of Pay Rules, 2008.
3.1. Pursuant to the office order dated 8th July, 2013 of G.A.
Department, Opposite Party No.1 was classified to be a Group-
'B' category employee. The Government of Odisha in Finance
Department, vide Resolution No.3560/F dated 6th February,
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 17-May-2025 12:07:31
// 3 //
2013, introduced Revised Assured Career Progression Scheme
(RACPS) for government employees, which came into force
with effect from 1st January, 2013. It was provided therein that
there shall be three financial up-gradations under RACPS, on
completion of 10, 20 and 30 years of service in a single cadre
counted from the direct entry grade in absence of promotion.
There was no promotional avenue for the post of Artist-cum-
Photographer. The scale of pay of the Opposite Party No.1
was fixed at Rs.15,580/- with Grade Pay of Rs.5,400/- on 2nd
up-gradation with effect from 1st January, 2013 under RACPS
vide Office Order No.846 dated 29th March, 2014 issued by the
Principal of Rajdhani College, Bhubaneswar.
3.2. The Opposite Party No.1 completed 30 years of service
on 11th May, 2017 and became entitled to 3rd RACP under the
RACPS. But the Opposite Party No.1 was not given the same
and on the other hand only Grade Pay of Rs.5,400/- was given
to Opposite Party No.1 on completion of 30 years of service on
11th May, 2017. However, Higher Education Department
issued Order No.24 dated 1st January, 2015 indicating that in
most of the cases, pay of Group-'C' and 'D' employees of the
Government Colleges under RACPS was not fixed correctly.
Thus, it was observed therein that excess amount of Grade Pay
has been paid to Group-'C' and 'D' employees at the time of
fixation of the pay under RACP Scheme. It was, thus, held
that they are not actually entitled to Grade Pay allowed to
them. On the basis of the said letter, the Grade Pay of
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 17-May-2025 12:07:31
// 4 //
Opposite Party No.1 was reduced from Rs.6,600/- to
Rs.5,400/- on 3rd up-gradation and the excess amount paid to
him was directed to be recovered vide Letter No.149 dated
22nd January, 2015. Being aggrieved by the said order of re-
fixation of Grade Pay and recovery of excess amount paid, the
Opposite Party No.1 filed O.A. No.1762 of 2016. Learned
Tribunal, vide order dated 18th April, 2017 (Annexure-3),
allowed O.A. No. 1762 of 2016 and quashed the Office Order
No.130 dated 1st January, 2015 by which the Grade Pay of
Opposite Party No.1 was reduced and he was asked to refund
the amount received by him towards revised grade pay under
the RACPS. Further, learned Tribunal held that Opposite
Party No.1 is entitled to Grade Pay of Rs.5,400/- on 2nd up-
gradation and Rs.6,600/- on 3rd up-gradation under RACPS.
The State Government was directed to refund the amount
recovered from Opposite Party No.1. Being aggrieved, this
writ petition has been filed.
4. Mr. Mishra, learned Additional Standing Counsel
makes elaborate submission on merit of the writ petition. He,
however, submits that the writ petitions, involving similar
issue filed by the State Government, have already been
disposed of by this Court and the SLP(C) filed against the said
orders, have been dismissed. In some cases, order passed by
learned Tribunal has been implemented. He also referred to the
affidavit filed by Opposite Party No.1 to buttress his argument.
It is his submission that assailing the order passed in a similar
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 17-May-2025 12:07:31
// 5 //
writ petition, the State of Odisha had moved the Hon'ble
Supreme Court in SLP(C) Diary No.26472 of 2023 (State of
Odisha Vs. Vijayananda Paricha). Hon'ble Supreme Court
taking into consideration the order passed in SLP(C) Diary No.
9250 of 2023 (The State of Odisha and others Vs. Surama
Manjiri Das and others) and similar such orders, dismissed
the SLP(C). However, the said order by this Court as well by
Hon'ble Supreme Court was not passed on merit. The writ
petition of similar nature was dismissed on the ground of
limitation and the SLP(C) filed against the said order was
dismissed. Pursuant to the said order passed by the Hon'ble
Supreme Court, Government of Odisha in the Department of
Higher Education issued Order No.48725 dated 8th November,
2023, the relevant portion of which is quoted hereunder:
"The State Govt. had preferred Writ petition
bearing No.17711/2022 before the Hon'ble High
Court of Orissa challenging the order dtd.
12.03.2018 passed by the Learned Odisha
Administrative Tribunal, Bhubaneswar in O.A.
No.15(B) /2017. Hon'ble High Court had
dismissed the writ petition on the ground on delay
and latches vide order No.2, dtd. 26.07.2022.
The State again preferred SLP before the
Hon'ble Supreme Court Vide SLP (Civil) Dy.
No.(S) 25417/2023 against the order dtd.
26.07.2023 of Hon'ble High Court of Orissa and
Hon'ble Supreme Court have dismissed the SLP on
21.07.2023 barred by time.
Consequent upon such dismissal order of
Hon'ble Court vis-à-vis having exhaustion of all
legal remedies, Government have been pleased to
allow Grade Pay Rs.5400/- as 2nd RACP on
completion of 20 years of service from 01.03.2013
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 17-May-2025 12:07:31
// 6 //
and Grade Pay Rs.6600/- on completion 30 years
of service from September, 2013 to the petitioner
with the condition that this will have no binding
effect on the merit of similarly situated cases."
(emphasis supplied)
4.1. He, therefore submits that while implementing the
order passed by learned Tribunal in similar such O.As, the
State Government put a condition that such implementation
will have no binding effect on the merit of similarly situated
cases. Thus, he submits that the writ petition should be
adjudicated on its own merit without being influenced by the
order passed in similar such writ petitions as well as dismissal
of SLP(C) by Hon'ble the Supreme Court.
5. Mr. Mohanty, learned counsel for Opposite Party No.1
vehemently objects to the same and submits that the law is no
more res-integra. In the case of Surama Manjiri Das and
others (supra), learned Tribunal has passed a reasoned order,
which was also confirmed by this Court in W.P.(C) No.15763
of 2021. Hon'ble Supreme Court, while entertaining SLP(C)
Diary No.9259 of 2023 challenging the judgment in Surama
Manjiri Das and others (supra), dismissed the SLP(C) with the
following order:
"Delay condoned.
Having regard to the basis on which the
High Court dismissed the State's writ petition, we
see no reason to interfere with impugned judgment.
The Special Leave Petition is accordingly
dismissed. However, the question of law, if any, is
kept open.
Pending application(s), if any, stand
closed."
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 17-May-2025 12:07:31
// 7 //
He, therefore, submits that the order passed by learned
Tribunal in similar such cases including Surama Manjiri Das
and others (supra) have been tested by this Court as well as
Hon'ble Supreme Court and they refused to interfere with the
order of the learned Tribunal. Since in similar such cases, the
order of learned Tribunal has been implemented by the State
Government, there is no reason to discriminate the Opposite
Party No.1 in the instant case. As such, the writ petition is
liable to be dismissed.
6. We heard learned counsel for the parties and perused
the respective pleadings as well as materials placed before us.
7. Considering the rival contentions of the parties and
discussing the facts as well as law involved, learned Tribunal
in O.A. No. 1762 of 2016 held as under:
"In view of the above decision, all the O.As. are
allowed and the Annexure-6 dated 1.1.2015 issued by
respondent no.1 is quashed. The applicants who have
been granted grade pay of Rs.5400/- in terms of 2nd
upgradation and Rs.6600/- in terms of 3rd
upgradation under RACP will continue. The
respondents are further directed to refund the
recovered amount in terms of Annexure-7/1 within a
period of three months from the date of receipt of a
copy of this order.
Accordingly, all the O.As. are disposed of."
In similar such cases, the State of Odisha has filed writ
petitions before this Court, which are dismissed. The State of
Odisha also tried its luck before the Hon'ble Supreme Court
and was unsuccessful.
8. It is informed to the Court that in similar such cases
where the SLP(C) have been dismissed, the order of learned
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 17-May-2025 12:07:31
// 8 //
Tribunal has been implemented by allowing the benefit of 2 nd
and 3rd RACP with Grade Pay of Rs.5,400/- and Rs.6,600/-
respectively.
9. Upon hearing learned counsel for the parties, this Court
finds no reason to take a different view in the present writ
petition. We have also perused the order passed by learned
Tribunal and find that learned Tribunal discussing the facts
and law involved and relying upon a case involving identical
issue passed a reasoned order. The condition imposed by the
State Government while implementing the order to the effect
that it will not have a binding effect in similar cases has no
legal basis. No ground is made out by Mr. Mishra, learned
ASC to distinguish this case from the one relied upon by the
Opposite Party No.1 either on facts or on law. Thus, we find
no merit in the present writ petition.
10. Accordingly, the writ petition stands dismissed. In the
facts and circumstances of the case, there shall be no order as
to costs.
Urgent certified copy of this judgment be granted on
proper application.
(K.R. Mohapatra)
Judge
(R.K. Pattanaik)
Judge
Orissa High Court, Cuttack,
Dated 2nd May, 2025/Madhusmita
