Orissa High Court
Gobardharn Bhuyan And Others vs State Of Odisha And Others ..... ... on 20 November, 2025
Author: Sashikanta Mishra
Bench: Sashikanta Mishra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.C.(OAC) No.3916 of 2016
Gobardharn Bhuyan and others ..... Petitioners
Represented by
Mr.Satyajit Behera,
Advocate
-versus-
State of Odisha and others ..... Opposite Parties
Represented by
Mr. S.N.Patnaik,
A.G.A.
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
Order No. 20.11.2025.
04. 1. This matter is taken up through hybrid mode.
2. Heard learned counsel for the Petitioner and learned Addl.
Government Advocate for the State.
3. The Petitioners are working as Asst. Teachers in different
Primary Schools of Gajapati District. Being aggrieved by the
reduction of their grade pay from Rs.4200/- to Rs.2,800/- as per
orders passed by the concerned authority from time to time,
they approached the erstwhile Odisha Administrative Tribunal
in O.A. No.3916(C)/2016. Said original application has since
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been transferred to this Court and registered as the present Writ
Petition. The Petitioners claim the following relief;
"(i) The original application be allowed;
(ii) This Hon'ble Tribunal be pleased to quash the letters
dated 25.03.2016, 01.10.2016 and 21.10.2016 so far as the
applicability of Orissa Elementary Education (Amendment)
Rules, 2014 and the cut off da e of 01.07.2014 and the
direction to fix the pay of the applicants in grade of pay of
Rs 2800/- instead of Rs 4200/- and the consequential
direction to recover the excess payment be quashed,
(iii) And this Hon'ble Tribunal may direct the Respondents
not to tinker with the fixation of pay made in Grade Pay of
Rs.4200/-in favour of the applicants at 2nd stage of RACPS
and the applicants may be allowed to reap all consequential
service financial benefits,
(iv) Pass any other order/orders or direction/directions be
issued so as to give complete relief to the applicant."
4. Heard Mr. S. Behera, learned counsel for the Petitioners
and Mr.S.N.Patnaik, learned Addl. Government Advocate for
the State.
5. Mr. Behera would argue that in a batch of similar
matters (Saraswati Bhoi and others), the Tribunal allowed the
prayer of the said applicants by quashing the order of the
Government reducing the grade pay from Rs.4200/- to
Rs.2800/-. Said order was challenged by the State before this
Court. The division Bench having dismissed the Writ Petition,
the State carried the matter to the Supreme Court in S.L.P. Said
S.L.P. along with batch of similar matters was disposed of on
the submission made by learned Advocate General that the
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matters are governed by the policy decisions taken by the
Government subsequently extending the benefit of RACP
scheme by relaxing the criteria. Mr. Behera submits that the
case of his clients is squarely covered by the judgment passed
by the Tribunal as well as the observations made by the
Supreme Court.
6. Mr. S.N.Patnaik, learned Addl. Government Advocate,
without formally admitting the claim of the Petitioners,
however, fairly submits that the facts of the present case are
identical to the facts of the cases referred to by Mr. Behera.
7. Having regard to the fact that the matter has already
been decided by the Tribunal and considered by the Supreme
Court, nothing really survives for adjudication in the present
case. It would be apt to refer to the relevant portion of the
judgment of the Tribunal passed in the case of Saraswati Bhoi
and others vs. State of Odisha and others (O.A. No.2576/2026
and other batch of cases) wherein the following was held;
"Hence, in the result, all the O.As. are allowed. The
applicants are entitled to get grade pay of Rs.4200/-
after completion of 20 years of service in a single cadre
towards 2nd RACPs benefit and, therefore, the
impugned orders of the O.As. by which their grade pay
has been reduced to Rs.2800/- and order of recovery
has been passed for excess amount drawn by them,
stands quashed. They be allowed to continue in the
grade pay of Rs.4200/- towards 2nd RACPs benefit."
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8. There is no dispute that this order was challenged by
the State before a Division Bench of this Court in W.P.(C)
Nos.7281/2028 and 4848/2021. Said Writ Petitions were
dismissed. The matter being carried to the Supreme Court, the
policy dtd.21.8.2024 and resolution dated 13.2.2025 of the
Government to extend the benefit of RACP to the employees
was taken note of. The Supreme Court thus observed as
follows;
"Learned Advocate General present in the Court
today has submitted that this batch of appeals is
covered by both these polices referred in the above
order and the Government has decided to extend the
benefit of RACP scheme by relaxing the criteria. As
such, they have accepted the directions as issued by
the Court and shall be complied within a period of
three months from today."
9. Under such circumstances, the Writ Petition is disposed
of directing the opposite parties to extend the benefits claimed
by the Petitioners in light of the directions issued by the
Tribunal in Saraswati Bhoi's case as confirmed by the Division
Bench and the subsequent policy decisions taken by the
Government referred to in the order passed by the Supreme
court. The order shall be complied within three months from
today.
10. It is made clear that any recovery made from the salary
of the Petitioners during operation of the interim order passed
by this Court shall be adjusted against their claim.
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11. Urgent certified copy of this order be granted on proper
application.
(Sashikanta Mishra)
Judge
AKB
Location: High Court of Orissa, Cuttack
