DEBASIS RAY Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) The Petitioner in this Writ Application has prayed for a direction to the opposite parties for fixation of his scale of pay as admissible to Senior Scientist and grant him other financial benefits and privileges the post of Senior Scientist carries.

(2.) The Petitioner was appointed against the substantive post of Assistant Environmental Scientist in State Pollution Control Board, Bhubaneshwar. He was sent on deputation to Forest and Environmental Department where he was appointed as a Junior Scientist against the post of Senior Scientist by order dated 22nd June, 1994 in Annexure-4. The Petitioner was relieved from the Pollution Control Board with effect from 7.7.1994 and joined as a Junior Scientist against the post of Senior Scientist on 8.7.1994. On 12.7.1994 the Director, Environment prescribed the work responsibilities to be discharged by the Petitioner and the said work responsibilities are that of a Senior Scientist. Since the Petitioner was deputed against the post of Senior Scientist for his appointment as a Junior Scientist, he discharged the duties of a Senior Scientist from the date of joining. Since the Petitioner was not allowed the scale of Senior Scientism, though he was discharging the duties of the post, he addressed a letter to the Chairman, State Pollution Control Board on 26.8.1994 requesting the Board to State revised terms and conditions before the State Government and accordingly the Administrative Officer, State Pollution Control Board, issued the revised last pay certificate of the Petitioner indicating the basic salary, D.A., house-rent allowance @ 25% conveyance allowance and medical allowance which the Petitioner was getting while continuing as a regular employee of the Board. The Director of Environment in supersession of the previous office order pertaining to distribution of work amongst officers of the Department, issued a letter on 3.12.1994 assigning higher responsibilities and responsibilities of greater magnitude on the Petitioner which are ordinarily discharged by a Senior Scientist. Though initially the Petitioner was sent on deputation for a period of six months with effect from 8.7.1994, the State Government did not receive him from the post after completion of the period and he was allowed to continue in the deputation post. The Petitioner having been allowed to continue in the post for a longer period and the scale of pay attached to the post of Senior Scientist having not been extended to him, he made several representations in the year 1996 to the Principal Secretary, Forest and Environment Department, requesting him to fix his basic scale of pay and allow him other benefits keeping in mind that though he had been appointed as a Junior Scientist he was deputed against the post of Senior Scientist which was lying vacant and he was discharging the duties of a Senior Scientist. In spite of several representations made, no orders were passed by the State Government. However, on 12.6.1996, it is stated in the Writ application, the Financial Adviser-cum-Deputy Secretary to Government of Orissa in the Environment Department decided in principle to intimate the Accountant General about fixation of the terms and conditions of Petitioner's service on deputing. As it appears, it was decided that during the period of deputation the Petitioner shall have the option to have his pay fixed in the deputation post or draw his salary in the scale of pay of Rs. 2000-3500.00 and that he shall be entitled to D.A. under the rules of Government relating to foreign employees depending on his decision to retain the scale of pay under the parent Department or accept the scale attached to the post under Government and some other benefits. Though such a proposal is stated to have been give, no steps were taken to implement the terms and conditions pursuant to such decision and therefore, the Petitioner filed another representation in Sept., 1996. No decision having been taken with regard to claim of Petitioner as mentioned above, this Writ application has been filed.

(3.) A counter has been filed on behalf of opposite party No. 3- State Pollution Control Board. In the counter it is admitted that the Petitioner was sent on deputation as Junior Scientist to work under opposite party No. 1 with effect from 7.7.1994 for a period of six months and has been continuing on deputation. It is only stated in paragraph 11 of the counter that the Chairman of the Pollution Control Board in his letter dated 20.11.1995 addressed to the Principal Secretary. Forest and Environment Department, Government of Orissa, has only requested opposite party No. 1 to make payment of legal dues of the Petitioner as per terms and conditions of the deputation.