Girish Chandra Das Vs State of Odisha

The present writ petition has been filed inter alia challenging order dtd.23.09.2020 so passed by Govt.-Opp. Party No. 1 under Annexure-8. Vide the said order claim of the Petitioners to get the benefit of revised scale of pay w.e.f.01.01.2016 under ORSP Rules, 2017 for the period from 01.01.2016 to 30.09.2017 has been rejected.

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Learned counsel for the Petitioners contended that benefit of revised scale was extended w.e.f.01.01.2016 under ORSP Rules, 2017 in favour of similarly situated employees working in Govt. colleges. However, in the notification issued by the Govt. on 22.12.2017 under Annexure-3, it has been indicated that the revised pay will be allowed for the period from 01.01.2016 to 30.09.2017

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on notional basis and actual financial benefit from 01.10.2017. Such stipulation contained in the resolution was challenged by the Petitioners before this Court in W.P.(C) No. 16482 of 2019.

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4.1. It is contended that this Court vide order dtd.12.09.2019 while disposing the writ petition, permits the Petitioners to make a fresh grievance before the concerned authority and for its consideration in the light of the decision in the case of Bijay Ketan Khatua Vs. State of Odisha & Ors. , 2015 (I)OLR 452.

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4.2. It is contended that in the decision in the case of Bijay Ketan Khatua , claim made for extension of revised scale from the date it was extended in favour of similarly situated employees working in Govt. establishment was allowed. But without proper appreciation of the decision in the case of Bijay Ketan Khatua , claim of the Petitioners has once again been rejected basing on the resolution issued by the Govt. under Annexure-3, which was the subject matter of challenge in the earlier writ petition.

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4.3. It is contended that since similar benefit was extended in favour of the Petitioner namely Bijay Ketan Khatua pursuant to the order passed in his case, without proper appreciation of the ratio decided in the said case, claim of the Petitioners to get the financial benefit from 01.01.2016 in place of 01.10.2017 was rejected by relying on the resolution issued originally under Annexure-3. It is accordingly contended that the impugned order is not sustainable in the eye of law. It is also contended that similar issue with regard to the grant of RACP was interfered with by this Court in the case of

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Raghunath Parhi Vs. State of Odisha & Ors. reported in 2023 SCC OnLine Ori 6452.

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Mr. C.K. Pradhan, learned Addl. Govt. Advocate though supported the impugned order, but contended that the decision in the case of Bijay Ketan Khatua if has not been properly appreciated, the matter be remitted to Opp. Party No. 1 to take a fresh decision.

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Having heard learned counsel appearing for the Parties and considering the submissions made, this Court finds that challenging the stipulation contained in the resolution dtd.22.12.2017 so far as extension of financial benefit w.e.f.01.01.2016 is concerned, Petitioners had earlier approached this Court by filing W.P.(C) No. 16482 of 2019. This Court vide order dtd.12.09.2019 under Annexure-6 while permitting the Petitioners to make a fresh representation for modification of the stipulation so contained in resolution dtd.22.12.2017, observed that the decision in the case of Bijay Ketan Khatua is to be considered. But as found from the impugned order the ratio decided in the case of Bijay Ketan Khatua has not been considered in its proper perspective.

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6.1. In view of the same, this Court is inclined to quash order dtd.23.09.2020 so passed by the Govt.-Opp. Party No. 1 under Annexure-8. While quashing the same, this Court once again remits the matter to Opp. Party No. 1 to take a fresh decision in the light of the decision in the case of Bijay Ketan Khatua as well as the order passed by this Court in the case of Raghunath Parhi . Such a fresh

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decision as directed be taken within a period of three (3) months from the date of receipt of this order.

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