The High Court of Orissa disposed of a writ petition challenging recovery orders and seeking pay fixation. The court directed resolution of the arrear dispute via conciliation and ordered regular salary payment to the petitioner.
Direct that the petitioner's salary be paid monthly without fail; the arrear dispute to be resolved via conciliation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.13083 of 2024
Siprarani Muduli …. Petitioner Represented By Adv. Mr. Krishna Chandra Sahu
-versus-
State of Odisha & Ors.
…. Opposite Parties Represented By ASC Mr. Sonak Mishra Mr. Jayadeba Behera, Adv.
CORAM:
DR. JUSTICE S.K. PANIGRAHI
Order
ORDER 21.11.2024
No.
2. Heard.
3. The Petitioner has filed this Writ Petition with the following prayer:-
ii) The Hon'ble Court be pleased to allow this writ petition by quashing the impugned order dtd.02.05.2024 under Annexure-ift & order dtd. 09.05.2024 under Annexure-15,
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iii) The Hon'ble Court be pleased to declared that the petitioner has rightly got the 1" & 2nd RACP benefits as on 01.01.2013 @ G.P of Rs. 4200/- & Rs. 4600/- so also the fixation of pay as per ORSP Rules 2017 which is not liable for refund/recovery by further directing the Opp. parties for sanction & disbursement of consequential service & arrear financial benefits including the arrear withheld salary within a time boünd period for the interest of justice. iv) The Hon'ble Court may be pleased to pass any order (s)/ direction(s) as deems fit and proper for the interest of justice.
And for this act of kindness, the petitioner shall as in duty bound ever pray.”
4. The brief facts of the case are that the Petitioner was initially appointed as a Junior Clerk-cum-Typist under the Honorary Secretary, Hind Kusth Nivarana Sangha, Odisha State Branch, Heads of Deptt. Building, Bhubaneswar/Opposite Party No.3. While the Petitioner was continuing as such, the Honorary Secretary, Hind Kusth Nivarana Sangha, Odisha State Branch, Heads of Deptt. Building, Bhubaneswar/Opposite Party No.3 has passed the order dated 12.10.2023 for recovery of Rs.8,74,381/- alleging recovery towards excess payment due to erroneous fixation of pay on the basis of Audit Report as per Annexure-5 Series thereby withholding the salary of the Petitioner from July, 2022. Pursuant to this Court’s order dated 27.02.2024 passed in W.P.(C) No.4053
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of 2024, the Petitioner made a representation before the Honorary Secretary, Hind Kusth Nivarana Sangha, Odisha State Branch, Heads of Deptt. Building, Bhubaneswar/Opposite Party No.3 on 27.03.2024. In such event, the Opposite Party No.3 has issued impugned order for recovery from the Petitioner as per Annexures14 and 15. Hence, this Writ Petition.
5. Learned counsel for the Honorary Secretary, Hind Kusth Nivarana Sangha, Odisha State Branch, Heads of Deptt. Building, Bhubaneswar/Opposite Party No.3 submits that the Petitioner has already been paid the salary for two months i.e. for September and October, 2024.
6. In such view of the above, this Court is not inclined to interfere with this matter. However, considering the submissions of the learned counsel for the Petitioner, this Court is of the view that the disputed amount of arrear shall be resolved between the Parties by a Conciliatory Method. The other disputes with respect to the excess payment as alleged by the Honorary Secretary, Hind Kusth Nivarana Sangha, Odisha State Branch, Heads of Deptt. Building, Bhubaneswar/Opposite Party No.3 shall be resolved by the Parties amicably. Accordingly, It is
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directed that current salary be paid every month to the present Petitioner without fail.
7. Accordingly, the Writ Petition is disposed of.
(Dr. S.K. Panigrahi)
Judge
Sumitra
Signature Not Verified
Digitally Signed Signed by: SUMITRA NAYAK Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 23-Nov-2024 15:38:17
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2 issues framed by the court
Whether the writ petition challenging recovery orders and seeking fixation of pay/arrear benefits be disposed of.
Whether the disputed arrear amount should be resolved through conciliation.
Siprarani Muduli
State of Odisha & Ors.
S.K. Panigrahi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
