Orissa High Court
State Government Of Odisha vs Golak Bihari Mahali 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. 22039 OF 2020
(An application under Articles 226 & 227 of the Constitution of India)
*****
1. State Government of Odisha,
represented through Commissioner-cum-
Secretary to Government,
Department of Social Security and Empowerment of
Persons with Disability, Loka Seva Bhavan,
Bhubaneswar, Dist: Khordha,
2. The Collector, Jajpur,
AT/PO/Dist: Jajpur,
3. Sub-Collector, Athagarh,
AT/PO:Athagarh, Dist: Cuttack,
4. The Commissioner-cum-Secretary to Government,
Women and Child Development Department,
AT: State Secretariat, PO/Town: Bhubaneswar,
Dist: Khordha,
5. Principal Secretary to Government,
Finance Department, AT: State Secretariat,
PO/Town: Bhubaneswar, Dist: Khordha
...... Petitioners
-Versus-
1. Golak Bihari Mahali,
S/o Dhruba Charan Mahali,
AT: Behula, PO: Tikanpur, PS: Garadpur,
Dist: Kendrapara, PIN-755002, at present working as
Sub-Divisional Social Security Officer (SSSO), Athagarh
in the office of the Sub-Collector, AT/PO: Athagarh,
Dist: Cuttack
...... Opposite Party
2. The Registrar, Odisha Administrative Tribunal,
Bhubaneswar, Dist: Khordha
....... Proforma Opposite Party
W.P.(C) No. 22039 OF 2020 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 //
Advocates appeared:
For Petitioners : Mr. Swayambhu Mishra
Additional Standing Counsel
For Opp. Parties : Mr. Sushanta Kumar Mishra,
Advocate
(For Opp. Party No.1)
CORAM :
MR. JUSTICE K.R. MOHAPATRA
MR. JUSTICE R.K. PATTANAIK
------------------------------------------------
Heard and disposed of on 02.05.2025
----------------------------------------------
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 18 th February, 2019
(Annexure-3) passed by learned State Administrative Tribunal,
Odisha, Bhubaneswar (for brevity 'learned Tribunal') in O.A.
No.689 of 2019, whereby it was held that the Opposite Party
No.1 is entitled to 2nd RACP with Grade Pay of Rs.5,400/-, as
per the requisite qualification.
3. The fact in nutshell relevant for proper adjudication of
this case is that the Opposite Party No.1 was appointed as
Social Education Organizer (SEO) in the Office of the
Collector, Jajpur on 28th October, 1988 and while working as
Sub-Divisional Social Security Officer (SSSO) in the Office of
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 17-May-2025 12:07:31
// 3 //
Sub-Collector, Athagarh, Dist: Cuttack has filed the Original
Application. 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,
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.
The scale of pay of the Opposite Party No.1 was fixed at
Rs.16,160/- with Grade Pay of Rs.4,800/- on 2nd up-gradation
with effect from 1st January, 2013 under RACPS vide Office
Order Memo No.762 dated 3rd May, 2014 issued by the
Collector, Jajpur.
3.2. The Opposite Party No.1 completed 20 years of service
on 1th January, 2008 and became entitled to 2nd RACP under
the RACPS. Accordingly, the Collector, Jajpur vide Office
`Memo No.762 dated 3rd May, 2014 (Annexure-5 to the OA)
fixed the scale of pay of Opposite Party No.1 at Rs.16,160/-
with Grade Pay of Rs.4,800/- with effect from 1st January,
2013. However, the Collector Jajpur did not fix the scale of
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 17-May-2025 12:07:31
// 4 //
pay and grade pay of Opposite Party No.1 as per Office Letter
No.1777 dated 2nd February, 2016 (Annexure-9 to the OA) of
the Government of Odisha in Women and Child Development
Department. On the basis of the said letter dated 3rd May, 2014
of the Collector, Jajpur, the Grade Pay of Opposite Party No.1
was fixed at Rs.4,800/- instead of Rs.5,400/- . Being aggrieved
by the said order of fixation of Grade Pay under Annexure-5
stated supra, the Opposite Party No.1 filed O.A. No.689 of
2019. Learned Tribunal, vide order dated 18th February, 2019
(Annexure-3), allowed O.A. and modified the order impugned
therein, i.e., Office Memo No.762 dated 3rd May, 2014 by
which, the Grade Pay of Opposite Party No.1 was not fixed
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 under RACPS. 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
writ petition, the State of Odisha had moved the Hon'ble
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 17-May-2025 12:07:31
// 5 //
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 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)
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 17-May-2025 12:07:31
// 6 //
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. Mishra, 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 inter
3fere 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."
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
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 17-May-2025 12:07:31
// 7 //
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. 689 of 2019 held as under:
"A similar dispute has been adjudicated by the
Tribunal on 18.5.2017 in OA No.2784/2016 and the
Government has also implemented the order. This
applicant has already completed 20 years of service
as on 1.1.2013 and therefore, in terms of the above
cited decision he is entitled to 2nd RACP with grade
pay of Rs.5400/-.
Hence, the OA is disposed of at admission stage
directing the respondents to modify the Grade Pay to
Rs.5400/- instead of Rs.4800/- and accordingly also
make pay fixation as per rules in respect of the
applicant.
This exercise be completed within one month
from the date of receipt of a copy of this order."
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
Tribunal has been implemented by allowing the benefit of 2nd
with Grade Pay of Rs.5,400/-.
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 17-May-2025 12:07:31
// 8 //
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
