An employee performing higher duties is entitled to officiating pay, aligning with principles of equity and justice.

ORDER

PRAMOD KUMAR DAS, MEMBER (A):

The applicant has filed this OA praying for direction to the respondents to grant him higher pay for the higher cadre of Supervisor, SBCO for his officiating periods in Kendrapara HO and Jagatsinghpur HO by quashing the order of rejection dated 13.12.2019 and order dated 18.07.2019. According to Ld counsel for the applicant, the facts and issues involved in this OA came up for consideration before this Bench in another OA No. 140/2022 filed by Sri Sarbeswar Das. The respondents contested the said case on the grounds as taken in this OA. This Bench after taking into consideration the facts rules and law allowed the OA vide order dated 04.03.2024 with direction to the respondents to pay the officiating pay to the applicant for discharging the duties of SPM, Dukura Sub Post Office during the period from 08.11.2017 to 11.02.2020 as per rules. Ld. Counsel for the respondents relying on the stand taken in the counter has objected the prayer of the present applicant and prayed that the present OA being devoid of any merit is liable to be dismissed.

2. In view of the above, it is necessary to examine the facts of the matter with the facts already decided by this Bench in OA No. 140/2022. In the present case, the respondents in their counter have admitted that while the applicant was working as Postal Assistant (SBCO), Kendrapara HO under Cuttack North Division managed the duties of his co-workers during their absence, i.e. from 09.02.2013 to 16.03.2013, 02.04.2013 to 30.07.2014 and 19.01.2015 to 10.04.2015 the work of Supervisor (SBCO), Kendrapara HO. Further, in addition to his own duty as PA(SBCO), Jagatsinghpur HO, he managed the work of Supervisor (SBCO) from 01.12.2015 to 18.08.2017 and from 01.10.2017 to 10.01.2019, which was vacant due to retirement of regular incumbent. Applicant submitted representations for grant of higher pay for officiating higher duties. It is submitted by Ld. Counsel for the respondents that hierarchical promotion of PA (SBCO) being LSG (SBCO), HSG-II (SBCO) and HSG-I (SBCO), applicant cannot directly officiate the post of HSG-II (SBCO) and HSG-I (SBCO) and, he was only ordered to manage/look after the duties of Supervisor (SBCO) in addition to his own duties on stop gap arrangement basis. Accordingly, it is submitted that applicant is not entitled to the relief claimed in the OA.

3. In the case of Sarbeswar Das (supra), he while working as Postal Assistant, Baripada HO, in Grade Pay of Rs. 2400/-, vide letter dated letter dated 07.11.2017 was deputed as Sub Post Master, Dukura Sub Post Office by the Post Master, Baripada Head Post Office. He took over the charge of SPM, Dukura, which is a higher post, on 08.11.2017 and continued as such till 11.02.2020. His grievance was that despite shouldering higher responsibility for a considerable period of time, i.e. from 07.11.2017 to 11.02.2020, he was not paid officiating pay and allowances meant for the post of SPM, i.e. Grade Pay of Rs. 2800/-. His representation claiming higher pay for officiating higher duties was turned down vide order dated 28.02.2022. The said mat“t4e.r wDiascsh aalrlgoew oef dd vuitidees oorf dSePrM d,a tDeudk u0ra4 .0S3ub.2 0P2os4t aOsf fuicned er: during the period from 08.11.2017 to 11.02.2020 by the applicant is not in dispute. The contention of the respondents that, the applicant was placed under suspension w.e.f. 18.10.2019 (afternoon) to 16.02.2020 for his lapses and financial irregularities while working as I/c SPM, Dukura SO and was subsequently ordered to work in non-sensitive post on his reinstatement as PA, Rairangpur HO on 17.02.2020 and that disciplinary proceedings under Rule 14 of CCS (CCA) Rules 1965 has been initiated against him, has nothing to do with regard to the prayer of the applicant to grant him officiating pay for dischar