ORISSA HIGH COURT : CUTTACK W.P.(C) No.28862 of 2023 In the matter of an Application under Articles 226 and 227 of the Constitution of India, 1950 ***

Sri Biren Kumar Biswal Aged about 60 years Son of Late Duryodhan Biswal At: Rayapur, P.O.: M.G. Khamar P.S.: Patakura District: Kendrapara. … Petitioner.

-VERSUS-

1. State of Odisha Represented through Principal Secretary General Administration and Public Grievance Department Lok Seva Bhawan, Bhubaneswar District: Khordha. 2. Nodal Officer Odisha Administrative Tribunal Bhubaneswar, At/P.O.: Bhubaneswar District: Khordha … Opposite parties.

Counsel appeared for the parties:

For the Petitioner : M/s. Sameer Kumar Das, Prakash Kumar Behera, Nirajan Jena, Advocates For the Opposite parties : Mr. Arnav Behera, Additional Standing Counsel P R E S E N T: HONOURABLE MR. JUSTICE MURAHARI SRI RAMAN Date of Hearing : 12.09.2024 :: Date of Judgment : 02.01.2025

JUDGMENT

MURAHARI SRI RAMAN, J.

Aggrieved by Office Order bearing No.E(ii)/24/2023/ 688/OAT, dated 30.05.2023 of the Nodal Officer issued from the Odisha Administrative Tribunal, Bhubaneswar (Annexure-7) approving the revision of pay recommended by the Screening Committee in its Proceeding dated 28.02.2023, which was held to comply with the direction contained in the Order dated 13.01.2023 passed by this Court in W.P.(C) No.12359 of 2022, the petitioner beseeching quashment of said Order came up in the instant writ petition claiming following relief(s):

―Under the above circumstances, it is therefore humbly prayed that the Hon‘ble Court be graciously pleased to quash the Office Order No. 688/OAT, dated 30.05.2023 of the opposite party No.2 under Annexure-7 and consequential Letter dated 21.08.2023 under Annexure-

8;

And further be please to direct the opposite parties to revise the pay of the petitioner in the 3rd Revised Assured Career Progression on completion of 30 years of service in Level-10 of the Pay Matrix with all consequential benefits by restoring his pay revision under Annexure-4;

And also revise his pension and pensionary benefits and to grant him all consequential service and financial benefits including arrears within a stipulated period as deem fit and proper;

And/or pass any other appropriate writ/writs, order/

orders, direction/directions in the fitness of the case.

And for this act of kindness as in duty bound the petitioner shall ever pray.‖

Facts as stated in the writ petition:

2. The petitioner having joined as Junior Grade Typist in the Odisha Administrative Tribunal, Bhubaneswar on 04.10.1990, got promotion to the post of Senior Grade Typist on 01.02.2019. As per the Odisha Administrative Tribunal (Recruitment and Conditions of Service and Officers and Staff) Rules, 1999 (herein after referred to as “OAT Staff Rules, 1999”), which came into force with effect from 03.09.1999, the next promotional avenue is the post of “Senior Assistant”.

2.1. On the recommendations of Fitment Committee, the State Government employees are granted Assured Career Progression (“ACP”, for short) on completion of 15, 25 and 30 years of service akin to the Time Bound Advancement (“TBA”, for short) provisions of the Odisha Revised Scales of Pay Rules, 1998. Such provision was revised by a Finance Department Resolution dated 06.02.2013 granting three financial upgradation under the Revised Assured Career Progression Scheme (“RACPS”, for convenience) on completion of 10, 20 and 30 years.

2.2. As the petitioner was to get his 2nd RACP in the promotional grade of Senior Assistant, his pay was fixed in the scale of pay Rs.9,300/- — Rs.34,800/- with Grade Pay Rs.4,200/- with financial benefit with effect from 01.01.2013. It has further been revised in terms of the Odisha Revised Scale of Pay Rules, 2008 (“ORSP Rules, 2008”, for convenience), which he has been in receipt of.

2.3. While the petitioner was so continuing and discharging his duty, the Odisha Administrative Tribunal, Bhubaneswar was abolished by virtue of Ministry of Personnel, Public Grievances a