Financial upgradation under the Revised Assured Career Progression Scheme is warranted upon completion of 30 years of service, irrespective of subsequent promotions.

JUDGMENT :

MURAHARI SRI RAMAN, J.

Non-grant of financial upgradation under the Revised Assured Career Progression Scheme (for brevity referred to as “RACPS”) in the Grade Pay of Rs.4,600/- brought the petitioner before this Court beseeching exercise of extraordinary jurisdiction under Articles 226 and 227 of the Constitution of India with the following pray(s):

"It is therefore humbly prayed that this Hon‘ble Court may graciously be pleased to admit the case, call for the records and after hearing both the parties pass the following reliefs;

i) To direct the opposite parties to refix the pension of petitioner after granting 3rd financial upgradation in pay band-2, scale of pay of Rs.9300/- to 34800/- with grade pay of Rs.4600/- under RACP w.e.f. 01.01.2013 as per Notification 19.09.2015 and ratio decided in O.A.No.2328(C) of 2017 confirmed by this Hon‘ble Court in W.P.(C) No28074 of 2019;

ii) To direct the opposite parties to release the arrear salary consequent upon granting 3rd financial upgradation in pay band-2, scale of pay of Rs.9300/- to 34800/- with grade pay of Rs 4600/- under RACP w.e.f. 01.01.2013.

iii) And pass such other order/orders as may be deemed fit and proper for the interest of justice.

And for this act of kindness, the petitioner as in duty bound shall ever pray."

PLEADINGS

2. Having entered into Government service on 14.06.1978 (vide Service Book copy of which is at Annexure-1), as Lower Division Clerk, the petitioner posted in the Office of Superintending Engineer, Upper Kolab Dam Circle, Koraput got transferred to function as such at the Eastern Circle, Cuttack and was granted Time-Bound Advancement taking entry grade from his initial date of joining on 14.06.1978.

2.1. The petitioner on completion of 30 years of Government service as on 13-14.06.2008, she is entitled for the benefit of 3^rd RACPS attune with the Finance Department Resolution dated 06.02.2013 with effect from 01.01.2013 with grade pay at Rs.4,600/-.

2.2. As the pay has not been fixed appropriately, so also pensionary benefits, this writ petition has been filed.

Hearing:

3. The instant writ petition got disposed of on 04.03.2021 at the stage of admission with the direction to the opposite parties to “look into the grievance of the petitioner vide Annexure-6 and take decision, as appropriate, taking into consideration the development through Annexure-5 and also the plea taken in the writ petition”. Aggrieved thereby, the opposite parties proceeded in intra-Court appeal (W.A. No.1026 of 2022) with the complaint that without affording opportunity of placing para-wise reply to the writ petition, prejudice did ensue. This Court in Division Bench vide Order dated 20.03.2023 disposed of said writ appeal remitting the matter with the following observation and direction:

"1. On the short ground that the impugned order was passed on the very first date without affording an opportunity to the Appellants-State to file a para- wise reply to the writ petition, the impugned order dated 4th March, 2021 passed in W.P.(C) No.7447 of 2021 is hereby set aside and the said writ petition is remitted to the Roster Bench of the learned Single Judge, where it will be listed for directions on 10th May, 2023.

2. Replies will be filed by the State to the writ petition positively on or before 1st May, 2023 and rejoinder thereto, if any, be filed by the writ petitioner before 10th May, 2023. It is made clear that no further time will be granted to either party for that purpose. The learned Single Judge is requested to proceed with the matter on merits and endeavour to dispose it of as expeditiously as possible.

3. Accordingly, the writ appeal is disposed of."

3.1. Accordingly, being restored to file, this matter was listed on 22.07.2025.

3.2. Sri Shantanu Da