PRAMOD KUMAR DAS, MEMBER (A):

The background of the matter is that the applicant was a State of

Odisha Administrative Cadre Officer (OAS). In terms of IAS (Appointment

by Promotion) Regulation, 1955, he had a right for consideration to

Indian Administrative Service (IAS). He was not considered for

promotion to IAS when his juniors were considered and promoted to IAS.

After being unsuccessful to remedy his grievances at the hand of the

departmental authorities, he approached this Tribunal in OA 362/2008,

which as disposed of on 22.03.2011 in his favour. In compliance of the

order of the Tribunal, the Nodal Ministry (GoI, DoP&T) vide order dated

12.09.2011 (A/3) issued order to the effect as under:

“2. NOW THEREFORE, in pursuance of the aforementioned

directions of the Hon'ble Tribunal and in exercise of powers

conferred by sub rule (1) of Rule 8 of the IAS (Recruitment) Rules,

1954 read with sub regulation (1) of the Regulation 9 of the IAS

(Appointment by Promotion) Regulations, 1955 the President is

pleased to appoint Shri J.K.Satpathy included in the Review Select

List of 1996-97 to IAS cadre of Orissa with effect from 13.4.1999

(when his immediate junior in the SCS viz Shri Biswambhar

Mishra, who was included in the original Select List of 1996-97

prepared on 20.3.1997 was appointed to IAS) with all

consequential benefits in terms of re-fixation of actual pay,

pensions, gratuity, sonority, etc. as per eligibility of Shri J.K.

Satpathy alongwith retiral benefits admissible to him.”

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In the meantime, the applicant, since retired from service w.e.f.

31.03.2002, which was rectified as 31.03.2004. Since, by the time, the

DoP&T issued the order dated 12.09.2011, the applicant was no more in

service, he was denied the pay and other allowances for the above two

years and the benefit of promotion to Selection Grade, Super Time Scale

and arrears thereon and revision of pension and pensionary benefits. He

submitted representation and, thereafter approached this Tribunal in OA

295/2016, which was disposed of on 11.07.2016 with direction to

consider and dispose of the representation. Thereafter, the Govt. of

Odisha issued order dated 31.10.2016. Being aggrieved, the applicant has

filed this OA praying inter alia as under:

“ i) To quash the letter of rejection no. GAD-SER1-PERS-0286-

2014-10924/AIS-1,

Bhubaneswar

dated

the

09-04-2014

(Annexure- A/5).

(ii) To quash the letter of rejection No.GAD-SER1-IAS-0029-

2016- 22773 dated 31-10-2016 (Annexure-A/8).

(iii) To direct the Respondents to grant the Selection Grade pay

to the Applicant when he had completed 14 years of service.

(iv) To direct the Respondents to grant the Super Time Scale pay

to the Applicant when he had completed 16 years of service.

(v) To direct the Respondents to grant him all arrears including

the revision of Pension arising out of such pay fixation.

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(vi) To direct the respondents to pay the salary for the period

from 01-04-2002 to 31-03-2004.”

2.

The State of Odisha filed counter contesting the case of the

applicant stating inter alia that in pursuance of order of this Tribunal

dated 22.03.2011 in OA 362/2008, the pay of the applicant was

notionally fixed in IAS till his date of retirement and his pension and

other retiral benefits were so revised. Since, the order of the DoP&T dated

12.09.2011 was contrary to the order of the Tribunal, neither actual pay,

as prayed for by the applicant, w.e.f. the date of appointment to IAS, was

fixed up nor the pension and other benefits were revised. So far as his

promotion to Selection Grade in IAS is concerned, it is the stand of the

Govt. of Odisha that the order of Tribunal dated 22.03.2011 was silent on

it. Hence, the representation of the applicant dated 07.12.2012 and dated

12.08.2015 were rejected vide letters dated 09.04.2014 and dated

31.10.2016 respectively. It is averred that as per the order of this

Tribunal dated 11.07.2016, the representation of the applicant dated

12.08.2015 was considered and rejected being d