JUDGMENT

S.N.PRASAD, J. - Heard learned counsel for the petitioner and learned counsel for the opposite parties.

2. The petitioner has approached this Court for issuance of direction upon the opposite parties to release benefit of revision in pay scale as per Orissa Revised Scale of Pay Rules, 2008 (hereinafter “Rules, 2008) notified on 24.12.2008 implemented w.e.f. 1.1.2006.

3. The case of the petitioner is that the petitioner was discharging his duty under Orissa State Housing Board (in short ‘OSHB’) as junior Project Engineer (Elect.).

4. OSHB has implemented a Scheme for separation of its employees under Voluntary Retirement Scheme (in short ‘VRS’) by adopting the decision of Public Enterprises Department of the State of Odisha sought for an option, the petitioner has given his option for separation under VRS. In the meanwhile, Sixth recommendation of Central Revision in Pay Scale has been adopted by the State of Odisha by virtue of Rules, 2008 notified on 24.12.2008 implemented w.e.f. 1.1.2006.

5. The case of the petitioner is that he has made application for separation under VRS on 29.11.2008 but it was not accepted and before its acceptance, the petitioner has represented before the authorities vide his representation dated 9.1.2009 for release of arrears of differences of salary by virtue of adoption of revision in pay scale by promulgating ORSP Rules, 2008 notified on 24.12.2008 implemented w.e.f. 1.1.2006 and as such it was requested before the authorities to calculate the benefit under VRS on the basis of the revised pay scale.

6. Thereafter, the petitioner was separated on 12.01.2009 as contained in the Office Order No.472 dated 12.01.2009 (Annexure-6). The petitioner has made an appeal for calculation of VRS package on the basis of new revised pay scale after his relieve from service vide representation dated 21.02.2009, 15.04.2009 and 16.03.2012 but however, to no effect. The authorities when have taken no decision, the petitioner has filed this writ petition.

7. This Court vide order dated 9.9.2014 was directed tagging this case along with W.P.(C) Nos. 2706 of 2011 and 12232 of 2010.

8. It has been submitted by learned counsel appearing for OSHB stand taken in the counter affidavit filed in W.P.(C) No.2706 of 2011 will be adopted in this case, wherein stand has been taken by the OSHB that the petitioner is not entitled to be given the benefit of revision in pay scale on account of the fact the ORSP Rules, 2008 has been notified on 24.12.2008 whereas the petitioner in W.P.(C) No. 2706 of 2011 has been relieved w.e.f. 10.11.2008.

9. Thus stand in W.P.(C) No.2706 of 2011 has been taken for denial of the claim is that since on 24.12.2008, the petitioner has been relieved under VRS as such he will not be entitled to get benefit of revision in pay scale.

10. The fact of this case is entirely different because in this case the petitioner has applied for VRS on 29.11.2008 which was not accepted as on promulgation of Rules, 2008 which was notified on 24.12.2008 the petitioner in this case has been relieved w.e.f. 12.01.2009 as would be evident from Annexure-6.

11. Since the petitioner was on roll of service on 24.12.2008, the day when the provision of ORSP Rules has been adopted hence the facts of this case is entirely different to the facts in W.P.(C) No. 2706 of 2011 because in W.P.(C) No. 2706 of 2011 and W.P. (C) No. 12232 of 2010, the petitioners of the said writ petitions have been superannuated w.e.f. 10.11.2008 and 30.06.2008 but here in this case, the petitioner was relieved on 12.01.2009 after implementation of Rules, 2008.

12. In view of the factual position, in this case, the judgment relied upon by the learned counsel appearing for the OSHB delivered by Hon’ble Supreme Court in the case of A.K. Bindal and another vrs. Union of India and others reported in (2003) 5 SCC 163 will not be applicable because ratio laid down in the said case is that after separation when monetary benefit has been given under VRS be