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2022 Supreme(Ori) 361

SASHIKANTA MISHRA
Surya Narayana Sahu – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Petitioner:M/s. S.N. Patnaik, U. Patnaik, C. Panda, K.C. Panigrahy & S. Mohapatra, Advocates
For the Opp. Parties : Mr. H.K. Panigrahi, Addl. Standing Counsel.

JUDGMENT :

Sashikanta Mishra, J.

1. The short point that arises for consideration in the present writ petition is whether the benefit of Time Bound Scale (TBA) granted to a government servant makes him ineligible for the benefit of financial upgradation under the Revised Assured Career Progression (RACP) scheme.

2. The facts of the case are that the petitioner joined government service on 20.08.1983 as a Junior Clerk. He was granted the benefit of Time Bound Advancement Scale (TBA) as per Odisha Revised Scale of Pay (ORSP) Rules, 1998 w.e.f. 20.08.1998, since he had served in the entry grade for a period of more than 15 years. Subsequently, he was promoted as Senior Clerk and joined on 13.11.2013. He was further promoted to the post of Head clerk on 17.06.2006 in the office of opposite party no.4. Pursuant to Finance Department Resolution No. 3560 dated 06.02.2013, the petitioner was allowed 3rd upgradation benefit (RACP) w.e.f. 19.08.2013 and accordingly his pay was fixed vide order dated 31.12.2015 passed by opposite party no.3. To his surprise however, the petitioner was served with a copy of the order issued by the opposite party no.4 on 30.11.2017 intimating that a decision had

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