Refusal to extend pay revision benefits to job contract employees in similar positions as granted to others constitutes a violation of equal treatment under Article 14 of the Constitution.

ORDER :

ADITYA KUMAR MOHAPATRA, J.

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel for the petitioners as well as learned counsel for the State. Perused the pleadings from both sides as well as the documents relied upon either side in support of their contention.

3. The present writ application has been filed with a prayer for quashing of the impugned order dated 11.07.2024 passed by the Opposite Party No.1 under Annexure-7 to the writ application. The Petitioner has also prayed for a further direction to the Opposite Parties to grant revise scale of pay as per ORSP Rules, 2008 w.e.f. 01.01.2006 as well as the arrears as is due and admissible on the basis of such pay revision, keeping in view the fact that the benefit of ORSP Rules, 2008 has already been extended in favour of JC class- IV employees of Settlement and Consolidation wings of the Directorate of Land Records, survey and consolidation as per the government decision dated 02.08.2006 under Annexure-2 to the writ application.

4. Learned counsel for the petitioners at the outset contended that the petitioners were initially engaged as a job contract employees, thereafter while discharging their duties in the different survey and settlement, State of Odisha, a decision was taken by the Govt. of Odisha on 02.08.2006 under Annexure-2 to the writ application. Further, referring to the aforesaid letter dated 02.08.2006, learned counsel for the petitioner further contended that the Govt. of Odisha has decided to extend the benefit of ORSP Rules, 2008 w.e.f. 01.01.2006 in favour of the JC, Class-IV employees of Settlement and Consolidation Organisation as per the scale mentioned in the said letter. It has also been decided that the decision as per department letter No.27262/R dated 17.05.1999 would also be applicable to the JC Khalasis working under the Survey and Map Publication, Odisha Cuttack w.e.f. 01.01.1996. On perusal, the letter under Annexure-2 reveals that it was issued with the concurrence with the Finance Department vide U.O.R. No.243 dated 22.05.2006. Accordingly, proposals were invited from the Director, Land Records & Survey, Board of Revenue, Orissa, Cuttack.

5. Learned counsel for the petitioners further contended that the issue involved in the present application was also the subject matter of the dispute in an identical writ application bearing W.P.(C) No.26267 of 2021 ( Bhimasen Sahoo and other vs. State of Odisha and others ),wherein a coordinate bench of this Court vide order dated 17.09.2021 under Annexure-5 to the writ application granted liberty to the petitioners in that writ application to approach the Opposite Parties for consideration of their case within a stipulated period of time. After dismissal of the said writ application the petitioners approached the Opposite Party No.1. The Opposite Party No.1 vide order No.37300 dated 03.11.2022 under Annexure-6 to the present writ application, after considering the grievance of the petitioners who stand in a similar footing in present petitioners, were pleased to decide the pay fixed for Job Contract Class-IV employees of Settlement and Consolidation Organisation under ORSP Rules, 2008 i.e. Rs.6340/-vide letter dated 28.10.2010 of R & D.M. Department would also be applicable to the petitioners of Survey & Map Publication, Odisha Cuttack w.e.f. 01.01.2006. Accordingly, order dated 17.09.2021 passed in the abovenoted writ application was complied with.

6. In view of the aforesaid submission leaned counsel for the petitioners conte