SRI UPENDRA PATRO Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ petition is directed against the order dated 23.8.2011 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. No.1021 of 2011.

(2.) The case of the petitioner is the that while working as a Junior Engineer under the administrative control of the Executive Engineer, Rural works Division No.II, Ganjam at Berhampur, he exercised his option in terms of ORSP Rules 1989 and 1998 on 3.9.1999. The application was filed in the prescribed form and was submitted before the competent authority in time, but resulted in non-sanction of the revised pay of the petitioner. Thereafter, the petitioner went on representing before the authorities for an early action in the matter of his pay fixation. The Government of Orissa in the Finance Department issued a notification on 20.5.2009 directing that all pending cases where revision pay fixation has not been effected in relation to an employee who has exercised his option within the cut off date and those cases which are pending consideration in the Department level, such case be cleared and the employee be allowed benefits under the Rules by the administrative department without sending the same to the Finance Department for prior approval, though with certain conditions. In terms of the said circular, the petitioner was asked to furnish affidavits and documents required for the purpose and the same were submitted on 7.10.2009. The administrative authority of the petitioner who had originally received the option of the petitioner was also called upon to submit report about submission of the application by the petitioner within the cutt off date and the administrative authority also furnished the required information. In spite of compliance of the requirements, the pay fixation was not done as opted by the petitioner and accordingly he approached the Orissa Administrative Tribunal in the said Original Application seeking for a direction to the opposite parties to act upon his option and pass orders.

(3.) The Tribunal in the impugned order dismissed the Original Application solely on the ground that no order having been passed rejecting the application of the petitioner, an Original Application under Section 19(1) of the Administrative Tribunal's Act is not maintainable and accordingly dismissed the Original Application.