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2017 Supreme(Ori) 1121
IN THE HIGH COURT OF ORISSA : CUTTACK
D.P. CHOUDHURY, J.
Bhabagrahi Maharana - Appellant
Versus
State of Orissa and others - Opp. Parties
W.P.(C) Nos.13158 to 13961, 15209, 13610, 14471 and 23417 of 2013 AND W.P.(C) No.7422 of 2015
Decided on : 21-11-2017
Advocate Appeared:
For the Petitioners: M/s. Mr.A.K.Mishra, Mr.S.K.Mishra, Mr.Sushanta Ku. Mishra, M/s.Shashanka Sekhar Patra, G.N.Padhi, B.K.Sahoo, and N.R.Mohanty, M/s.D.Routray, S.Das, S.K.Samal S.P.Nath, S.D.Routray and S.Jena, Adv.
For the Respondent: Mr.Bibhuti Keshari Biswal, Adv.
The main legal point established in the judgment is the entitlement of the petitioners to arrear salary as 4th Peons based on the order of the Hon’ble Supreme Court and subsequent compliance by the State Government.
Headnote:
Arrear Salary - 4th Peon - [State of Orissa –V-Rajednra Kumar Das; (2003) 10 SCC 411], [Office Order dated 07.05.2008], [Office Order dated 31.05.2013] - The court discussed the appointment of the petitioners as 4th Peon, the order of the Hon’ble Supreme Court modifying the appointment, and the subsequent compliance by the State Government. The court quashed the Office Order dated 31.05.2013 and directed the opposite parties to calculate and pay the arrear salary to the petitioners within four months failing which with interest at the rate of 9% per annum. The recovery of already paid arrear salary was also prohibited.
Fact of the Case:
The petitioners were appointed as 4th Peon in various schools and approached the court due to non-payment of arrear salary. The State Government issued an order to recover the arrear salary already paid to the petitioners, leading to the filing of writ petitions.
Finding of the Court:
The court found that the petitioners were entitled to arrear salary as 4th Peons, and the Office Order dated 31.05.2013 was quashed. The opposite parties were directed to calculate and pay the arrear salary to the petitioners within four months failing which with interest at the rate of 9% per annum. The recovery of already paid arrear salary was also prohibited.
Issues: Entitlement to arrear salary as 4th Peon, Validity of Government Order dated 06.10.2013
Ratio Decidendi: The court held that the petitioners were entitled to arrear salary as 4th Peons based on the order of the Hon’ble Supreme Court and subsequent compliance by the State Government. The Office Order dated 31.05.2013 was quashed as it was found to be de hors the law of the land and issued to frustrate the court orders.
Final Decision: The court directed the opposite parties to calculate and pay the arrear salary to the petitioners within four months failing which with interest at the rate of 9% per annum. The recovery of already paid arrear salary was also prohibited.
JUDGMENT :
Dr. D.P.Choudhury, J.
Since the petitioners, in all these writ petitions, have assailed the inaction of the opposite parties in not releasing their arrear salary, the same are being taken up together and disposed of by this common judgment.
2. The factual matrix leading to the case of the petitioners is as follows:
(A) The case of the petitioner in W.P.(C) No.13158 of 2013 is that he was appointed as 4th Peon in Ramachandra Bidyapitha, Garasang, in the district of Balasore on 29.08.1987 and joined in said post on 02.09.1987 while the strength of that school was more than 100 and said school became eligible to receive grant-in-aid with effect from 01.06.1994. After grant-in-aid was made applicable, the school sent the recommendation to the Inspector of Schools for approval of petitioner’s post against 4th Peon but the Inspector of Schools did not approve the petitioner’s post as 4th Peon for which he approached this Court vide O.J.C. No.2179 of 1997 and pursuant to the order dated 6.3.1997, the Inspector of Schools, Balasore vide order dated 02.08.1997 approved the service of the petitioner with effect from 01.06.1994 and released his salary with effect from 01.07.1997 to July, 1999. Thereafter, the salary of the petitioner has been stopped on the ground of paucity of funds.
(B) The petitioner in W.P.(C) No.13959 of 2013 was appointed as 4th Peon in Gopinath Uchha Bidyapitha, Tuta Sampei, in the district of Balasore on 27.06.1991 and joined the said post on 3.7.1991 while the strength of that school was more than 100 and said school became eligible to receive grant-in-aid with effect from 01.06.1994. After grant-in-aid was made applicable, the school sent the recommendation to the Inspector of Schools for approval of petitioner’s post against 4th Peon but the Inspector of Schools did not approve the petitioner’s post as 4th Peon for which he approached this Court vide O.J.C. No.7296 of 1997 and pursuant to the order dated 26.10.1998, the Inspector of Schools, Balasore vide order dated 02.07.1999 approved the service of the petitioner with effect from 01.06.1994 and released the salary of the petitioner with effect from 01.09.1998 to July, 1999. Thereafter, the salary of the petitioner has been stopped on the ground of paucity of funds.
(C) The petitioner in W.P.(C) No.13960 of 2013 was appointed as 4th Peon in Gram Panchayat High School, Naikudi, in the district of Balasore on 18.11.1991 and joined the said post on 25.11.1991 while the strength of that school was more than 100 and said school became eligible to receive grant-in-aid with effect from 01.06.1994. After grant-in-aid was made applicable, the school sent the recommendation to the Inspector of Schools for approval of petitioner’s post against 4th Peon but the Inspector of Schools did not approve the petitioner’s post as 4th Peon for which he approached this Court vide O.J.C. No.10142 of 1996 and pursuant to the order dated 20.10.1998, the Inspector of Schools, Balasore vide order dated 08.02.1999 approved the service of the petitioner with effect from 01.06.1994 and released the salary of the petitioner with effect from 01.9.1998 to July, 1999. Thereafter, the salary of the petitioner has been stopped on the ground of paucity of funds.
(D) The petitioner in W.P.(C) No.13961 of 2013 was appointed as 4th Peon in Panchanana High School, Badakhuri, in the district of Balasore on 16.9.1991 and joined the said post on 24.09.1991 while the strength of that school was more than 100 and said school became eligible to receive grant-in-aid with effect from 01.06.1994. After grant-in-aid was made applicable, the school sent the recommendation to the Inspector of Schools for approval of petitioner’s post against 4th Peon but the Inspector of Schools did not approve the petitioner’s post as 4th Peon for which he approached this Court vide O.J.C. No.10147 of 1996 and pursu
