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2023 Supreme(Online)(ORI) 9575
ORISSA HIGH COURT
ANADI CHARAN NAYAK – Appellant
Versus
STATE OF ODISHA – Respondent
WPC(TAC)/84/2015
An employee is entitled to the TBA scale of pay after holding the same post or grade for 15 years, regardless of whether they have acquired a higher qualification that entitles them to a higher pay scale.
Headnote:
TIME BOUND ADVANCEMENT SCALE OF PAY - REGULARIZATION OF SERVICE - ENTITLEMENT
Fact of the Case:
The petitioner, a teacher, sought time-bound advancement (TBA) scale of pay from the date of his initial appointment, arguing that his services were regularized from that date. The state opposed, contending that the TBA scale should be counted from the date he was sanctioned with a higher pay scale.
Finding of the Court:
The court held that the petitioner was entitled to the TBA scale of pay from the date of his initial appointment, relying on a previous decision of the same court.
Issues: Whether the petitioner was entitled to the TBA scale of pay from the date of his initial appointment or from the date he was sanctioned with a higher pay scale.
Ratio Decidendi: The court held that the petitioner was entitled to the TBA scale of pay from the date of his initial appointment because he had held the same post or grade for 15 years, despite acquiring a higher qualification that entitled him to a higher pay scale.
Final Decision: The court directed the state to sanction the TBA scale of pay to the petitioner from the date of his initial appointment and to disburse the arrear differential salary within three months.
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC(TAC) No.84 of 2015
Anadi Charan Nayk
….
Petitioner
-versus-
State of Odisha & Ors.
….
Opposite Parties
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
Order No
ORDER
11.01.2023
04. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical) Mode.
2. Heard Mr. M.K. Mohanty, learned counsel for the Petitioner and
Mr. N.N. Satapathy, learned Standing Counsel appearing for the
Department.
3. The present writ petition has been filed with a prayer to direct the
Opp. Parties to grant time bound advancement scale of pay from
16.08.1989 and accordingly to give all consequential financial and
service benefits as due and admissible.
4. Learned counsel for the Petitioner contended that vide office
order dtd.20.07.1994 under Annexure-5 the services of the
Petitioner was regularized form the date of his first adhoc
appointment i.e.16.08.1984. Accordingly, it is contended that on
completion of 15 years of service on 16.08.1999 the Petitioner
became entitled to get the benefit of TBA scale of pay. When the
same was not extended in his favour the Petitioner moved an
application under Annexure-6 on 20.08.1999. When no decision
// 2 //
Page 2 of 3
was taken on such plea of the Petitioner, the present writ petition
was filed.
5. A counter affidavit has been filed by the O.P. No. 3 inter alia
stating therein that since the Petitioner was sanctioned with Trained
Graduate scale of pay w.e.f.20.05.1991, the period of 15 years will
be counted from that date and not from the initial date of
appointment of the Petitioner i.e.16.08.1984. Accordingly, it is
contended that the Petitioner is not entitled to get the benefit of
TBA scale of pay w.e.f.16.08.1999.
6. Mr. Mohanty in support of his claim to get the benefit of TBA
scale of pay on completion of 15 years of service from his initial
date of appointment relied on a decision of this Court reported in
2021(I)OLR 692 (Bairagi Charan Sahoo Vs. State of Odisha &
Ors.). This Court in Para 11 & 12 of the said Judgment has held as
follows:-
“11. Taking into consideration the principle of law, as discussed
above, and applying the same to the present context, this Court
is of the considered view that though the petitioner joined as
Hindi Teacher on 02.07.1982 with a qualification of Matric
(Kovid) and subsequently he acquired 'Ratna' qualification on
25.10.1996 and HTTC, Hindi Training qualification on
29.12.1999 and was allowed the Hindi trained scale of pay of
Rs.4500-7000/- w.e.f. 29.12.1999, that itself cannot disentitle
him to get the time bound advancement scale of pay for
continuous holding the "post" or "grade" for 15 years. Thus,
drawal of higher scale of pay on account of acquisition of
'Ratna' qualification by the petitioner being immaterial, he is
eligible to enjoy the benefit of time bound advancement scale of
pay on completion of 15 years for holding of Hindi teacher
"post" or "grade" w.e.f. 02.07.1982 in accordance with Finance
// 3 //
Page 3 of 3
Department Memorandum dated 29.12.1987, which fact has
been clarified by the Government on 20.06.1991, as has been
dealt with in the judgment passed by this Court in Balabhadra
Sarangi mentioned supra. In the meantime, though the petitioner
has retired from service on attaining the age of superannuation,
but that ipso facto cannot disentitle him to get the benefit, as
claimed in the writ petition.
12. In view of the facts and circumstances as well as the law, as
discussed above, this Court is of the considered view that the
petitioner is entitled to get the time bound advancement scale of
pay on completion of 15 years of service from the date of his
initial appointment, i... 02.07.1982. Therefore, this Court directs
the opposite parties to calculate the differential arrear salary
and pay the same to the petitioner forthwith preferably by 31st
May,
