The court emphasized that recovery is impermissible due to the mistaken action taken by the authority, particularly when the executive instructions cannot have any retrospective effect.

JUDGMENT

Dr. B.R. Sarangi, J. - The petitioner, who is working as Junior Clerk in the office of Block Education Officer, Banki-II (Dumpada), Cuttack, has filed this writ petition seeking to quash the order dated 05.08.2015 under Annexure-3 passed by opposite party no.3 - Block Education Officer, Banki-II (Dampada), Cuttack in canceling the Revised Assured Career Progression benefit extended to him, vide order no. 128 dated 23.10.2013 under Annexure-2, and to issue direction to the opposite parties to extend such benefit to him.

2. The factual matrix of the case, in brief, is that the petitioner was duly selected in recruitment test and accordingly sponsored to the office of the Circle Inspector of Schools, Cuttack-III Circle, Jajpur and vide office order dated 23.03.1991 he was appointed as a Junior Clerk in the office of the Principal DIET, Dolipur, Cuttack, pursuant to which he joined on 02.04.1991. While he was continuing in service, he passed Paper-I of Group-A and Paper-I of Group- B of the Annual Departmental Examination of Accounts conducted by the Board of Revenue, Odisha, which was held on 26.12.1995 and 27.12.1995 respectively.

2.1 With the commencement of Orissa Revised Scales of Pay Rules, 1998, which inter alia provided that in case a person is allowed to continue in a single post or grade, in which he was originally appointed, then he will be entitled to get a Time Bound Advancement Scale of Pay. In compliance to the same, the petitioner was allowed to get his pay fixed under the Time Bound Advancement Scales of Pay in the year 2006 on completion of 15 years service.

2.2. The Orissa Revised Scales of Pay Rules, 2008 was introduced by the State Government, vide Finance Department Notification dated 24th December, 2008, and the same was given effect to from 1st January, 2006. According to the provisions of the said Rules, the pay of the petitioner was also got revised and he was also extended with the benefit admissible to him.

2.3 Consequent upon implementation of the Modified Assured Career Progression Scheme (MACPS) by the Government of India, various service associations of the State Government employees came up with memoranda to consider implementation of the MACPS in respect to employees of the State Government. Taking into account the uncertain promotional avenues and career stagnation of the State Government employees, the Government after careful consideration decided to implement a career advancement scheme to be known as Revised Assured Career Progression Scheme (RACPS) and the same was given effect to from 01.01.2013, which had come up by way of resolution dated 06.02.2013.

2.4. Under RACP scheme, it has been provided that there shall be three financial up-gradations, counted from the direct entry grade on completion of 10, 20 and 30 years of service in a single cadre, in absence of promotion. An employee if completed 10 years of service in the entry grade will be considered for 1st up-gradation under RACPS. An employee completing 20 years of service and has got only one up-gradation either by promotion or by RACPS will be considered for the 2nd up-gradation. Similarly, an employee completing 30 years of service and has got two up-gradations either by RACPS or promotion or both will be considered for 3rd up-gradation under RACPS.

2.5. As per the provisions of the above scheme, which has been issued vide resolution dated 06.02.2013, a screening committee was constituted and on the basis of the recommendation of the committee, vide its resolution dated 23.10.2013, the opposite party no.3 fixed the pay of the employees of the Block Education Officer, Cuttack under RACP scheme. The petitioner had got/earned no promotions during his service career spanning from 1991 till 2013. So his pay was fixed at Rs.10,090/- with gr