Employees with a promotional hierarchy are entitled to financial upgradation under the RACP Scheme and are subject to the relevant rules governing their promotional avenues.

JUDGMENT :

D.P. CHOUDHURY, J.

Challenge has been made to the order dated 12.03.2015 passed by the learned Odisha Administrative Tribunal, Bhubaneswar (hereinafter called “the Tribunal”) in O.A. No.520 of 2014 filed by Opp. Party no.1 with reference to application under provisions of Orissa Revised Scale of Pay Rules, 2008 (in short Rules, 2008).

FACTS :

2. The unshorn details of the facts are that opp. Party no.1, who was the applicant before the Tribunal was appointed as Village Level Worker (hereinafter called V.L.W.) under the Village Level Worker (Recruitment and Conditions of Service) Rules, 2008 (hereinafter called V.L.W. Rules, 2008). It is stated that V.L.W. is a single cadre under the V.L.W. Rules, 2008. Opp. Party no.1 continued in the same post for more than 15 years without any promotion. When the Government employee has no prospect of any promotion, for financial upgradation at first Government introduced Time Bound Advancement Scheme (in short TBA). Later the said scheme was converted to Assured Career Progression Scheme (hereinafter called ACPS). Under the Orissa Revised Scale of Pay Rules, 2008 (hereinafter called the Rules, 2008) the Government introduced Revised Assured Career Progression (RACP) Scheme for financial upgradation for 10, 20 and 30 years of service instead of earlier TBA at 15, 25 and 30 years of service in the original post or grade.

3. It is stated by the petitioner that V.L.W. being a single cadre was entitled to such RACPS at 10, 20, and 30 years respectively in their Grade Pay to Rs.2,200/-, Rs. 2,400/-and Rs.2,800/-respectively.

4. It is the case of the petitioner that opp. Party no.1 claimed before the State Government for his financial upgradation and he has promotional avenue to the posts of Grama Panchayat Extension Officer and Progress Assistants created under Grama Panchayat Extension Officers and Progress Assistants (Method of Recruitment and Conditions of Service) Rules, 2002 (hereinafter called GPEO Rules, 2002). According to such Rules the base level 50% of the posts of G.P.E.O./P.A. is to be filled up by direct recruitment and rest 50% is to be filled up on promotion from V.L.Ws. It was the claim of opp. Party no.1 that since Grama Panchayat Extension Officer (GPEO) and Progress Assistant (PA) are promotional posts of V.L.W., under RACP Scheme as introduced by the State Government vide Resolution dated 6.2.2013, he is entitled to Pay Band and the Grade Pay of G.P.E.O. and P.A. in the event of completion of required number of years of service inasmuch as under the ORSP Rules, 2008 Pay Band of G.P.E.O. and P.A. is higher than the Pay Band of V.L.W. post.

5. The petitioner has issued two letters dated 21.2.2013 and 20.1.2014, whereunder V.L.W. is only eligible to get grade Pay of Rs.2,200/-Rs.2,400/-and Rs.2,800/-. Challenging such letter opp. Party no.1 preferred O.A. No.520 of 2014 before the Odisha Administrative Tribunal (hereinafter called the Tribunal) and after hearing both parties, the Tribunal allowed the prayer of opp. Party no.1 by observing that V.L.Ws. are entitled to the financial upgradation for the post of GPEO/P.A., ABDO/SDPO and DPO on completion of 10, 20 and 30 years of service in the of post of V.L.W. The petitioner challenged such decision in this writ application.

SUBMISSIONS:

6. It is submitted by Mr. M. Sahu, learned Addl. Government Advocate that the order of the learned Tribunal is illegal and against the weight of evidence because V.L.W. is a single cadre and there is no promotional avenue of V.L.W. under the V.L.W. Rules, 2008. Learned Tribunal has erred in law by observing that V.L.W. has got promotional avenue by the provisions of G.P.E.O. Rules, 2002. According to him, when V.L.W. becomes G.P.E.O., it is a change of cadre under separate Rules i.e. G.P.E.O. Rules, 2002. Learned Tribunal ought to have held that V.L.W. having no hierarchy of promotion unde