Ramesh Ch.Panda v. State of Orissa

 W.P.(C) No.11083 of 2017

2.8.2017

 Heard learned counsel for the petitioner and learned Additional Government Advocate.
2. Challenge has been made to the inaction of the opp. parties in not paying the revised
differential arrear salary component to the petitioner.
3. Learned counsel for the petitioner submits that the petitioner is working as a Lecture
r in Economics at Swarnachud College in the district of Balasore which has been duly approved
by the Government. The said College became eligible to receive the salary components in shape
of grant-in-aid with effect from 1984 and the salary was received by the employees with effect
 from 1.3.1986. The College now has become fully aided Degree College, for which it is governe
d under the concerned statute.
4. Learned counsel for the petitioner submits that as per the O.R.S.P. Rules, 1998 which
came into force with effect from 1.1.1996, the petitioner received salary as per the said Rule
s from October, 2002, but he has not been paid the revised differential arrear salary with eff
ect from 1.1.1996 to 30.9.2002. Learned counsel for the petitioner drew the attention to Annex
ure-2 which is the letter dated 13.7.2011, wherein the Government has directed the Director, H
igher Education to allow for payment of revised differential arrear salary with effect from 1.
1.1996 to 30.9.2002 to the employees of Non-Govt. Aided Colleges of the State. Although the bi
ll has been submitted, the only grievance of the petitioner is that he has not got the necessa
ry revised salary for the above period. He further submits that the petitioner has made repres
entation on 27.9.2016, but the same has not been considered by the

authorities. So, he prays for a direction to consider the representation for payment of such a
rrear revised salary.

5. Learned Additional Government Advocate submits that if proper representation is submit
ted, necessary action would be taken by the opp. Parties to disburse such arrear salary.
6. Considering the submissions of learned counsel for both parties and the grievance bein
g limited one, without going to the merit of the case, the writ application is disposed of wit
h a direction to the petitioner to make a fresh representation to opp. Party no.1 enclosing a
ll documents along with a certified copy of
this order within a period of three weeks, the opp. Party no.1 would do well to take a decisio
n in accordance with law within a period of three months from the date of receipt of the
representation after giving proper opportunity of hearing to the petitioner and communicate t
he decision to the petitioner by Speed Post with A.D.
7. If the petitioner is found eligible to receive the revised differential arrear salary
for the period from 1.1.1996 till 30.9.2002, the same be disbursed to him within a period of f
our weeks from the date of decision.
 The writ petition is accordingly disposed of.
 Issue urgent certified copy as per rules.