SUBARNALATA PANDA Vs. STATE OF ODISHA

JUDGEMENT

(1.) Feeling aggrieved by the order passed by opposite party no.2 in withdrawing the RACP benefit granted in her favour, the petitioner has filed the present writ application with prayer to quash the same and for a direction to the authorities to continue to pay the benefit as per her pay fixation done earlier.

(2.) The brief facts of the case are that the petitioner joined as Library Assistant in H.K.M. State Library, Bhubaneswar on 10/5/1991. As per the erstwhile Tourism, Sports and Culture Department Resolution No. 8341 dtd. 22/8/1989, guidelines and qualifications for appointment to the post of Librarians was issued as per which, the post of Librarian Class-II was to be filled up through OPSC. The existing six numbers of vacant posts of Librarian Class-III were to be filled up through direct recruitment by candidates having degree in Library Science with five years experience with preference being given to candidates possessing higher qualification and experience. Departmental candidates were also allowed to apply for the said post. The future vacant posts of the newly created Librarian Class-III were to be filled up from amongst Asst. Librarians by way of promotion. The post of Asst. Librarian was to be filled up by the candidates having degree in Library Science with the stipulation that 50% of such posts are to be filled by way of promotion from eligible departmental candidates. The petitioner acquired qualification in B. Library and Information Science and M.A. in History examination as an in-service candidate and thus, was qualified for appointment to the post of Asst. Librarian. It is stated that the post of Library Assistant is the feeder post for promotion to the post of Asst. Librarian as per the Resolution No. 22/8/1989. After coming into force of the Revised Assured Career Progression Scheme (RACPS) by the Government in Finance Department Resolution No. 35560/F dtd. 6/2/2013, the petitioner was granted the benefit in two stages as per the recommendation of the duly constituted screening committee vide order dtd. 5/11/2014 by raising her grade pay to Rs.4600.00with effect from 1/1/2013. Surprisingly, vide order dtd. 27/11/2017 issued by opposite party no.2, the said benefit was withdrawn by downgrading the grade pay of the petitioner from Rs.4600.00 to Rs.2200.00. It is further stated that the 2nd RACP benefit was rightly extended to the petitioner as she had completed 27 years of continuous service in one grade in a cadre without being considered or given promotion to the next higher post. Thus, the order dtd. 27/11/2017, which is enclosed as Annexure-7, is impugned in the present writ petition.

(3.) A counter affidavit has been filed by the opposite parties no. 1 and 2, wherein it is stated that Librarian Class-II is not a promotional post of Librarian Class-III, rather it is a direct recruit post, which is being filled up by OPSC. The averment in the writ petition that 50% of the vacant posts of Asst. Librarian in H.K.M. State Library shall be filled up by way of direct recruitment and rest 50% by promotion from amongst the departmental candidates was specifically denied on the ground that the resolution dtd. 22/8/1989 does not prescribe so. It is further pleaded that the post of Library Assistant is not the feeder post of Asst. Librarian. The decision to downgrade the grade pay vide Annexure-7 is sought to be justified by stating that as per FD clarification dtd. 20/1/2014, RACP is confined to a cadre only and since the post of Library Assistant does not have any cadre rule, the petitioner should have been given grade pay of Rs.2000.00 and Rs.2200.00 on completion of 10 years and 20 years of service, but was wrongly allowed grade pay of Rs.4200.00 and Rs.4600.00. It is further stated that the scale of pay of Librarians continuing in Government Colleges under Higher Education Department cannot be made applicable to Librarians under other departments. Since the grade pay was wrongly fixed, it was rightly downgraded in order to recover the excess payment made thereby.