Employees retired before 01.01.2011 are entitled to revised pay benefits retroactively from 01.01.2006 on notional basis, addressing inequity in pension distribution.

JUDGMENT :

BIRAJA PRASANNA SATAPATHY, J.

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

2. The present Writ Petition has been filed inter alia challenging office order dtd.09.04.2012 so passed by Opposite Party No.4 under Annexure-4, with regard to extension of the benefit of revised scale of pay in terms of the provisions contained under ORSP Rules, 2008 (in short ‘Rules’).

3. Learned Senior Counsel appearing for the Petitioners contended that ORSP Rules, 2008 was notified by the Government in the Finance Department vide Notification dtd.24.12.2008 under Annexure-3 and benefit of the said Rule was made effective w.e.f. 01.01.2006.

3.1. It is contended that by the time Notification dtd.24.12.2008 was issued under Annexure-3, save and except Petitioner Nos.5, 9, 10, 12, 17, 18, 19, 22, 23, 29, 30, 31 & 36, other Petitioner were in the pay roll of Orissa Forest Development Corporation Ltd. (in short ‘Corporation’).

3.2. It is contended that even though benefit of the revised scale under the Rules so notified on 24.12.2018 under Annexure-3, was made effective w.e.f. 01.01.2006, but since no decision was taken by the Corporation in extending the benefit of revision of the scale of pay in favour of its employees, Petitioners who were on the pay roll as on the date of Notification dtd.24.12.2008, save and except Petitioners placed at S.L. Nos. 5, 9, 10, 12, 17, 18, 19, 22, 23, 29, 30, 31 & 36, were deprived to get the benefit of such revised scale of pay and consequential revision of pension and pensionary benefits.

3.3. It is further contended that by the time in the proceeding of the Meeting dtd.02.02.2011 under Annexure-4-Series, decision was taken by the Fitment Committee for fitment of different scale of pay in consonance with ORSP Rules, 2008 and for implementation of the revised pay scale w.e.f. 01.01.2011 in favour of the employees in the pay roll of the Corporation as on 01.01.2011, but w.e.f. 01.01.2006 on notional basis, since all the Petitioners had already attained the age of superannuation, even though in the pay roll as on 01.01.2006, were deprived to get the benefit of revised scale w.e.f. 01.01.2006 and consequential revision of pension and other pensionary benefits.

3.4. Basing on such decision taken in the proceeding of the meeting dtd.02.02.2011 under Annexure-4-Series, when the Corporation decided to extend the benefit in favour of its employees who were in the pay roll of the Corporation as on 01.01.2011 and w.e.f. 01.01.2011 vide order dtd.09.04.2012, the present Petitioners moved this Court by filing W.P.(C) No.17100 of 2012 with the following prayer:-

“It is therefore prayed that this Hon'ble Court may graciously be pleased to:-

i) Admit the writ application;

ii) Call for the records;

iii) Issue a writ of mandamus or any other appropriate writ/writs, direction/directions directing the Opp. Parties to extend the similar benefits of Orissa Revised Scale of Pay Rules 2008 with effect from 1.1.2006 on notional basis as has been done in case of the existing employees of the Corporation and further direct the Opp. Parties to allow the Dearness Allowance at the rate admissible to the Government employees from time to time within a reasonable time to be stipulated by this Hon’ble Court;

iv) And/or pass such other order/orders, direction/directions as this Hon’ble Court may think fit and proper for the ends of justice;

And for this act of kindness the petitioners as in duty bound shall ever pray.”

3.5. It is however contended that since in the earlier Writ Petition in W.P.(C) No.17100 of 2012 no challenge was made either to office order dtd.09.04.2012 and the decision taken in the proceeding of the meeting dtd. 02.02.2011, the present Writ Petition was filed