RADHANATH DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Writ Petition is directed against the Order Dated 16.7.2003 passed by the Orissa Administrative Tribunal, Bhubaneswar, in O.A.No. 1801. of 2002, dismissing the original application of the Petitioner.

(2.) THE case of the Petitioner before the Learned Tribunal was that while working as an officer in the Veterinary and Animal Husbandry Department, he obtained Post Graduate Degree in Veterinary Science in the discipline of Gynaecology. The Petitioner was accordingly granted two advance increments with effect from 6.12.1995 in terms of the order of the State Government in the Fisheries and Animal Resources Development Department dated 17.7.1998, as per Annexure - 1 to the Writ Petition. Pursuant to such order of the State Government, the Directorate of Animal Husbandry and Veterinary Services, Orissa, dated issued orders 19.7.2002 and 20.7.2002, fixing the pay and other entitlements of the Petitioner, with effect from 1.1.1996. Subsequently, the fact of allowing advance increments wrongly with effect from 1.1.1996 instead of 6.12.1995 having come to the knowledge of the authorities, the Director of Animal Husbandry and Veterinary Services intimated the Sub -Divisional Veterinary Officer, Puri, to correct the same. Finally, the Director -Opp. Party No. 2 by Order Dated 12.8.2002 cancelled the Orders Dated 19.7.2002 and 20.7.2002 and directed that the revised pay fixation statement of the Petitioner, after allowing the advance increments from 6.12.1995 may be prepared and submitted to the Directorate for further action. The said order of the Director -Opp. Party No. 2 dated 12.8.2002 reads as under: On verification of Service Book of Dr.R.N.Dash, Ex -A.V.A.S, Parikud, now C.D.V.O., Puri it is found that Govt. have sanctioned two advance increments in his favour on acquiring post Graduate degree in G.O.No. 11924/ FARD dated 17.7.98. But the advance increments have been allowed from 1.1.96 instead of 6.12.95 at the level of S.D.V.O., Puri which is not admissible as per rule, The circumstances under which the advance increments have been allowed from 1.1.96 instead of 6.12.95 may be enquired & a report submitted indicating the person(s) responsible for such lapses. The revised pay fixation statement after allowing the advance increments from 6.12.95 may be prepared & submitted to this Directorate for further needful at this end. The original Service Book in 2 volumes along with L/A is returned herewith for re -submission with due compliance early. The pay fixation order & entitlement order issued in this Directorate Order No. 27167 dt.20.7.02 & No. 27031 dt. 19.7.02 respectively are hereby cancelled.

(3.) THE plea of the State Government before the Learned Tribunal was that at the relevant point of time, there was a provision for the sponsored candidates to get two advance increments on completion of Post Graduate Degree in Veterinary Science. As the Petitioner had completed Post Graduate Degree in Veterinary Science, he was granted two advance increments with effect from 6.12.1995, as per the G.O.No. 11924 dated 17.7.1998 (Annexure -1), which had been duly communicated to the C.D.V.O., Puri and A.D.V.O., Puri, by memo dated 17,8.1998 of the Director, which was duly received by the S.D.V.O., Puri on 20.8,1998. Instead of allowing two advance increments to the Petitioner with effect from 6.12.1995, as per the order of the State Government dated 17.8.1998, the Petitioner was wrongly granted advance increments with effect from 1.1.1996 and accordingly his pay fixation had been done. When the said fact was detected, the Director issued the Order Dated 12.8.2002 cancelling the pay fixation order and the entitlement the order issued by the Directorate dated19.7.2002 and 20.7.2002. Accordingly, it was submitted that the said order of cancellation dated 12.8.2001 had only rectified the error and/or mistake committed in the earlier orders, allowing advance increments to the Petitioner with effect from 1.1.1996 instead of 6.12.1995.