BANA BIHARI ROUT Vs. ORISSA HIGH COURT

JUDGEMENT

(1.) The Petitioner, presently working as Driver in this Court, has filed this present petition with prayer for two directions. One is to step up the pay of the Petitioner on par with, Sri Dibakar Mishra who is junior to him and re-fix the scale of pay under Rule 74(b) of Orissa Service Code with effect from 11/3/2004, the date of promotion of the Petitioner from Peon to Driver.

(2.) In response to the notice issued in the present petition, a counter affidavit has been filed on behalf of the Opposite Party in which in para 8, it is stated as under: "8. That it may not be out of place to mention here that in view of Orissa High Court (Appointment of Staff) (Amendment) Rules, 2010 and Rules, 2011, Shri Dibakar Mishra along with five other Class IV employees of the Court were promoted to the post of Driver in the scale of Pay of Rs.5200.0020200/- with Grade Pay of Rs.1900.00 vide office order dtd. 5/12/2012 marked as Annexure-7 to the writ application. Consequent upon promotion and joining of Shri Dibakar Mishra as Driver w.e.f. 6/12/2012, the pay of Shri Mishra has been fixed at the stage of Rs.8080.00 pursuant to Rule-13(i) of ORSP Rules, 2008 in the scale of Pay of Rs.5200.0020200/- with G.P. of Rs.1900.00. By the time of promotion of Shri D. Mishra, the petitioner who had earlier joined in the post of Driver was drawing his pay at the stage of Rs.7630.00 w.e.f. 1/3/2012 in the scale of Rs.5200.0020200/- and Grade Pay of Rs.1900.00."

(3.) The further averment in Para 6 of the counter affidavit also does not dispute the fact that Shri Dibakar Mishra is junior to the Petitioner as regular driver and yet he is drawing higher scale of pay.