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ORISSA HIGH COURT : CUTTACK
MURAHARI SRI RAMAN
Renuka Dei, Wife of Patitapaban Ojha – Appellant
Versus
State of Odisha, Represented through Commissioner-cum-Secretary Water Resources Department, Odisha Bhubaneswar, District: Khordha – Respondent
| Table of Content |
|---|
| 1. petitioner seeks financial upgradation under racps. (Para 1 , 2 , 3) |
| 2. arguments regarding completion of service and financial benefits. (Para 4 , 5 , 6) |
| 3. court emphasizes entitlement rights under racps. (Para 7) |
JUDGMENT :
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):
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;
iii) And pass such other order/orders as may be deemed fit and proper for the interest of justice.
PLEADINGS
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 3rd RACPS attune with the Finance Department
Financial upgradation under the Revised Assured Career Progression Scheme is warranted upon completion of 30 years of service, irrespective of subsequent promotions.
The main legal point established in the judgment is that the grant of TBA benefit to a government servant does not make him ineligible for the benefit of financial upgradation under the RACP scheme, ....
The main legal point established in the judgment is that pay scale rationalization should be ignored for the purpose of the first financial upgradation under the ACP Scheme, based on the application ....
The Court clarified the difference between the replacement scale and upgradation in pay scale under the Assured Career Progression Scheme, emphasizing that the revision in pay scale is distinct from ....
The MACP scheme prohibits additional financial upgradation if prior upgradations under ACP have been granted, emphasizing strict adherence to policy provisions.
The court ruled that employees who have not received promotions are entitled to ACP-II and MACP-III benefits, despite clarifications suggesting otherwise.
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