JUDGMENT :

B.R. SARANGI, J.

The State of Odisha and its functionaries have filed both the Writ Petitions seeking to quash the Order dated 24.10.2017 passed by the Odisha Administrative Tribunal, Principal Bench, Bhubaneswar, in O.A. No. 2576 of 2016 and batch, as well as the Order dated 09.11.2017 passed in O.A. No. 2499 of 2016 and batch, whereby the Tribunal, by holding that the private Opposite Parties are entitled to the Grade Pay of Rs.4200/-after completion of 20 years in a single Cadre towards 2nd Revised Assured Career Progression Scheme (RACPS) benefit, has quashed the impugned Orders of the Original Applications, by which the Grade Pay of the private Opposite Parties had been reduced to Rs.2800/-and Order of recovery had been passed for excess amount drawn by them and directed the State-Petitioners to allow the private Opposite Parties to continue in the Grade Pay of Rs.4200/-towards 2nd RACPS benefit.

2. The factual matrix, as borne out from both the cases, in a nutshell, is that the private Opposite Parties, who were the Applicants before the Tribunal, were initially appointed as Asst. Teacher in different Schools having their qualification as Matric C.T, I.AC.T and B.A C.T and continuing as per their qualification in Level-V post. During their service period, they had been duly considered under the provision of various Revised Scale of Pay Rules introduced by the State of Odisha in Finance Department from time to time. On introduction of ORSP Rules, 2008, which were notified to be applicable w.e.f 01.01.2006, the Govt. of Odisha in Finance Department, keeping in view the introduction of MACP (Modified Assured Career Progression) Scheme by the Govt. of India, introduced the RACP Scheme in supersession of earlier ACP Scheme with a further stipulation that the said RACP Scheme is applicable w.e.f. 01.01.2013 and on coming into force the RACP Scheme, the earlier Scheme, i.e., ACP, will cease to operate. The private Opposite Parties were enjoying the scale of pay as against the Level-V post in the Pay Band (PB-1) of Rs.5200-Rs.20,200/-with Grade Pay of Rs.2200/-. On completion of 10 years of service in one Grade, i.e., in the Grade of Asst. Teacher, their Pay Bands were enhanced to the next higher stage, i.e., Rs.5200-20,200/-with Grade Pay of Rs.2400/-, which is meant for the Level-IV post, as they were having the requisite qualification to get promotion to the Level-IV post, but could not be promoted due to certain exigencies. The private Opposite Parties, after completion of 20 years of service against the post, were extended with the benefit of 2nd RACP Scheme by allowing Grade Pay of Rs.4200/-, which was applicable to Level-III post.

2.1 One Benudhar Rout and 16 others having not 2nd been extended with the benefit of RACP Scheme, approached the Odisha Administrative Tribunal, Principal Bench, Bhubaneswar, in O.A No.1904/2016, which was disposed of vide Order dated 11.08.2016 and in compliance thereto, it was ascertained that in view of the clarification issued by the Govt. of Odisha in School & Mass Education Department, vide its Letter No.16070/SME dated 11.08.2016, that in view of the amendments of the Elementary Cadre Rules, 2014, which came into effect from 01.07.2014, the Level-V and IV Teachers, who are otherwise eligible to the post of Level-III Teachers, can only be extended with 2nd financial up-gradation with Grade Pay of Rs.4200/-and remaining other Teachers, who do not possess requisite qualification to hold Level-III post, can be extended with financial up-gradation of Grade Pay of Rs.2800/-as per First Schedule of ORSP Rules, 2008. Accordingly, the claim of said Benudhar Rout and others was rejected vide Office Order No. 2003/SME dated 03.10.2016 and it was decided to take appropriate action to modify the Order passed by the respective B.E.Os. granting Grade Pay of Rs.4200/-in favour of those categories of Asst. Teachers, as the same was contrary to the Finance Department Circular dated 20.01.2014.

2.2 Ag