Disposed

Barbil Municipal Emp.Union v. State of Orissa

Orissa HC9 May 2017WP(C)/953/2015

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What is this about?

The court disposed of a writ petition challenging the non-payment of arrear salary to Barbil Municipality employees under the 5th Pay Commission. Upon obtaining government approval to meet claims from own sources, the petitioner was directed to calculate arrears and receive payment within four months.

What did the court decide?

Direction to opposite parties 4 and 5 to calculate arrear salary of employees as per 5th Pay Commission and make payment within four months from the date of receipt of order.

09. 09.05.2017 Heard Mr.P.R.Dash, learned counsel for the pet itioner, Mr.S.K.Nayak-1, learned Senior Advocate for the opposite parties 4 and 5 and learned State Counsel for the opposite parties 1 to 3.

2. Challenge has been made to the erroneous order dated 16.12.2014 passed by the Director of Municipal Administration & Ex-Officio Additional Secretary to Government, Housing and Urban Development Department with regard to accord approval for payment of arrear revised dues as per the 5th Pay Commission with effect from 1.1.1996 to 31.12.2005.

3. Considering the submissions of the learned counsels for the respective parties, it appears that the only grievance of the petitioner is that the employees of Barbil Municipal Council are not being paid arrear salary in accordance with the 5th Pay Commission for which they have to file the present writ petition. During course of hearing, Director of M unicipal Administration & Ex-Officio Additional Secretary to Government, Housing and Urban Dev elopment Department had promised to look after the matter of the petitioner.

3.That it is pertinent to mention here that in the course of hearing of the writ petition on 0 6.04.2017, the Honble Court has taken into account the submission of the learned Government Ad vocate that the proposal of Barbil Municipality Council about their commitment to meet expendi ture to pay the arrear salary of the petitioners out of their own source has been sent to Fina nce Department for approval. Further, the Honble Court has also taken into account the submiss ion of Director Municipal Administration, H & UD Department who was present in Court on the sa id date regarding consideration of the proposal of Barbil Municipal Council which has got the capacity of meeting the claims of the petitioners union out of their own source and the reques t for grant of a weeks time to get the proposal cleared from the Finance Department and submit the reply accordingly.

4. That in terms of the aforesaid submission, the Honble Court directed listing of the ma tter on 20.04.2017 by which time the Director Municipal Administration, H & UD Department woul d consider the proposal approved and an affidavit would be filed in that regard in the Honble Court on the said date.

5. That as per the said direction of Honble Court and after careful consideration of the proposal of the Barbil Municipality, Govt. has been pleased to accord approval for payment of arrear salary from 01.01.1996 to 31.12.2005 as per the 5th Pay Commission. Report to the emplo yees of Barbil Municipality vide H & UD Development communication No.8897 dated 20.04.2017 wit h the stipulation that the extra financial burden on this account shall be borne by the concer ned ULB from their own source without infringing upon the resources specified for development purpose or civic amenities.

5. In support of the above submissions, the State Government issued Annex ure-A/1 to the affidavit filed today in Court whereunder the Government have been pleased to a pprove the payment of arrear salary of the employees of Barbil Municipality from 1.1.1996 to 3 1.12.2005 as per 5th Pay Commission with the stipulation that the extra financial bruden on th is account shall be borne by the concerned ULB from its own source without infringing upon the resources.

6. Mr.S.K.Nayak-1, learned Senior Advocate for the opposite parties 4 and 5 submits that the opposite parties 4 and 5 have no objection to pay the arrear salary to the employees of the Barbil Municipality in accordance with the revision of pay from its own sour ce.

7. In view of the above submission and issuance of the letter dated 20.04 .2017 under Annexure-A/1, the writ petition is disposed of with a direction to the opposite pa rties 4 and 5 to calculate the arrear salary of the employees of the Barbil Municipality as pe r 5th Pay Commission report and accordingly, payment be made to them within a period of four m onths from the date of receipt of this order.

Barbil Municipal Emp.Union v. State of Orissa

Case brief

What is this about?

What did the court decide?

Barbil Municipal Emp.Union v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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