STATE OF ORISSA Vs. SARASWATI BHOI

JUDGEMENT

(1.) The State of Odisha and its functionaries have filed both the Writ Petitions seeking to quash the Order dtd. 24/10/2017 passed by the Odisha Administrative Tribunal, Principal Bench, Bhubaneswar, in O.A. No. 2576 of 2016 and batch, as well as the Order dtd. 9/11/2017 passed in O.A. No. 2499 of 2016 and batch, whereby the Tribunal, by holding that the private Opposite Parties are entitled to the Grade Pay of Rs.4200.00 after completion of 20 years in a single Cadre towards 2nd Revised Assured Career Progression Scheme (RACPS) benefit, has quashed the impugned Orders of the Original Applications, by which the Grade Pay of the private Opposite Parties had been reduced to Rs.2800.00 and Order of recovery had been passed for excess amount drawn by them and directed the State-Petitioners to allow the private Opposite Parties to continue in the Grade Pay of Rs.4200.00 towards 2ndRACPS benefit.

(2.) The factual matrix, as borne out from both the cases, in a nutshell, is that the private Opposite Parties, who were the Applicants before the Tribunal, were initially appointed as Asst. Teacher in different Schools having their qualification as Matric C.T, I.AC.T and B.A C.T and continuing as per their qualification in Level-V post. During their service period, they had been duly considered under the provision of various Revised Scale of Pay Rules introduced by the State of Odisha in Finance Department from time to time. On introduction of ORSP Rules, 2008, which were notified to be applicable w.e.f 1/1/2006, the Govt. of Odisha in Finance Department, keeping in view the introduction of MACP (Modified Assured Career Progression) Scheme by the Govt. of India, introduced the RACP Scheme in supersession of earlier ACP Scheme with a further stipulation that the said RACP Scheme is applicable w.e.f. 1/1/2013 and on coming into force the RACP Scheme, the earlier Scheme, i.e., ACP, will cease to operate. The private Opposite Parties were enjoying the scale of pay as against the Level-V post in the Pay Band (PB-1) of Rs.5200.00 Rs.20,200.00 with Grade Pay of Rs.2200.00. On completion of 10 years of service in one Grade, i.e., in the Grade of Asst. Teacher, their Pay Bands were enhanced to the next higher stage, i.e., Rs.5200.0020,200/- with Grade Pay of Rs.2400.00, which is meant for the Level-IV post, as they were having the requisite qualification to get promotion to the Level-IV post, but could not be promoted due to certain exigencies. The private Opposite Parties, after completion of 20 years of service against the post, were extended with the benefit of 2ndRACP Scheme by allowing Grade Pay of Rs.4200.00, which was applicable to Level- III post.

(3.) Mr. S. Jena, learned Standing Counsel for School and Mass Education Department vehemently contended that the Govt. of Odisha, in exercise of the powers conferred by the Proviso to Article 309 of Constitution of India, brought ORSP Rules, 2008, vide Finance Department Notification No.55244/PCC(F)/51/ 08 dtd. 24/12/2008, w.e.f 1/1/2006. Under Rule-14 of the ORSP Rules, 2008, it has been provided that all State Govt. employees up to Group-A category can avail ACP in 3 stages, i.e., 1st ACP on completion of 15 years, 2nd after 25 years and 3rd after 30 years of service in their original Post or Grade and such benefit of ACP will be given only after screening in each case by a Screening Committee to be constituted by the Department. All the norms for the promotion shall also be applicable for allowing ACP at different stages. Under First Schedule of ORSP Rules, 2008, the existing scale of pay under ORSP Rules,1998, such as, Rs.3600.00100-5600/-, Rs.4000.00100- 6000/- and Rs.4500.00125-7000/- were brought under one Pay Band (PB-1) with scale of Rs.5200.0020,200/- with Grade Pay of Rs.2200.00, Rs.2400.00 and Rs.2800.00 respectively.