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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Rabindra Kumar Das – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. rejection of petitioner's claim for grade pay (Para 2 , 3 , 4 , 6) |
| 2. clarification on racp scheme and promotional hierarchy (Para 7 , 8 , 9) |
| 3. writ petition allowed; financial benefits ordered (Para 10 , 11) |
Judgment :
B.P. Routray, J.
1. Heard Ms. Babita Kumari Pattanaik, learned counsel for the Petitioner, Mr. J. Khandayat Ray, learned Additional Standing Counsel for the State-Opposite Party No.1 and Ms. K.P. Mudali, learned counsel on behalf of Mr. Pradipta Kumar Mohanty, learned Senior Counsel for Opposite Parties 2 & 3-Odisha Public Service Commission.
2. The Petitioner’s claim for grant of higher Grade Pay on account of RACP Scheme, 2013 in the promotional post has been rejected under Annexure-11. This is the subject matter of challenge in present writ petition.
3. As per Annexure-11, the claim of the Petitioner was rejected in absence of cadre rule and promotional posts. Opposite Parties 2 & 3 have reiterated the same reason in their counter also.
4. Ms. Pattanaik, learned counsel for the Petitioner submits that, there is a cadre rule in the name of Odisha Public Service Commission (Method of Recruitment and Conditions of Service of Staff) Regulations, 1994 (in
Service regulations governing promotional hierarchies dictate entitlement to benefits under the RACP Scheme, superseding conflicting clarifications without legislative value.
Financial upgradation under the Revised Assured Career Progression Scheme is warranted upon completion of 30 years of service, irrespective of subsequent promotions.
Doctrine of equal pay for equal work is not an abstract doctrine and is capable of being enforced in a Court of law i.e. equal pay must be for equal work of equal value.
An employee's entitlement to higher pay grades is contingent upon the existence of corresponding regular promotion posts within their institution.
ACP financial upgradation follows existing post hierarchy on eligibility date; retrospective recruitment rules cannot deny vested rights without justification, ensuring parity with similarly placed e....
The Odisha Panchayat Executive Officers Service Rules, 2021 do not violate constitutional rights and do not create vested rights for prior promotional pathways of Grama Rozgar Sevaks, affirming the S....
The main legal point established in the judgment is the entitlement of employees to a higher pay scale as per the Government Resolution dated 16.08.1994 and the recruitment rules, based on their resp....
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