(1.) The Petitioner, who retired as a Senior Stenographer while working in the Court of the District Judge, Phulbani, has filed this writ application praying for a direction to the opposite parties to give him the benefit of the upgradation of the post from the date the Petitioner was appointed as Senior Stenographer, i.e., from 11.4.1984.
(2.) The case of the Petitioner is that a policy decision was taken by the Government of Orissa on 21.5.1980 to upgrade the post of Grade-I Stenographers to that of Personal Assistants in the Heads of Departments in the pay scale of Rs. 2,000/- to Rs. 2,500/-. Initially this policy decision was made applicable to the Grade-I Stenographers working in the Heads of the Department specified in the Appendix to the said policy decision. Subsequently this benefit was also extended to other Heads of the Department from time to time. The District and Sessions Judge who is also recognized as Heads of the Department under the Orissa Service Code was not included in the list as a result of which the Grade-I Stenographers working in the Court of the District and Sessions Judges did not get the benefit of the said upgradation. The Petitioner along with some others working in same posts in other districts approached this Court in O.J.C. No. 1340 of 1990. The said writ application was allowed on 7.5.1992. In paragraph-8 and 9 of the judgment, the following observations were made and directions were issued.
(3.) A counter affidavit has been filed by opposite party No. 4 and it is stated in the counter affidavit that as per the judgment of this Court quoted earlier, the State Government upgraded the post of Senior Stenographer to the post of Personal Assistant on 2.4.1993 and by the time the said decision was taken, the Petitioner had already retired on superannuation. Therefore, the Petitioner is not entitled to the claim. State has not filed any counter in this case.